MEMORANDUM AND ORDER
McCUNE, Senior District Judge.
We consider the National Bank of the Commonwealth's motion for summary judgment. We have jurisdiction pursuant to 42 U.S.C. § 9613(b) and 28 U.S.C. § 1331. For reasons set forth below the motion will be denied.
I. PROCEDURAL HISTORY
The procedural history of this action is somewhat complicated as it has journeyed through two district court judges and now rests in the hands of...
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