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U.S. v. M. GENZALE PLATING, INC.

No. CV 89-2992.

723 F.Supp. 877 (1989)

UNITED STATES of America v. M. GENZALE PLATING, INC., Michael Genzale, and Pasquale Genzale, Defendants.

United States District Court, E.D. New York.

October 13, 1989.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., E.D. N.Y., and Lisa M. Burianek, Sp. Asst. U.S. Atty., Brooklyn, N.Y., Bernard P. Bell, Trial Atty., Environmental Enforcement Section, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., and James F. Doyle, Asst. Regional Counsel, Office of Regional Counsel, U.S.E.P.A. — Region II, New York City, for U.S.

Yannacone & Yannacone (Victor Yannacone, of counsel), Patchogue, N.Y., for defendants.

MEMORANDUM DECISION

MISHLER, District Judge.

This court has been presented with several questions arising under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA" or "the Act"), as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA" or "the 1986 amendments"), 42 U.S.C. § 9601 et seq. The United States of America moves for a mandatory injunction to enforce an administrative order...

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