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U.S. v. CITY OF MENOMINEE, MICH.

Nos. M88-107 CA, M88-108 CA.

727 F.Supp. 1110 (1989)

UNITED STATES of America, Plaintiff, v. CITY OF MENOMINEE, MICHIGAN; State of Michigan, and Menominee Paper Company, Inc., Defendants.

United States District Court, W.D. Michigan, N.D.

October 26, 1989.

Attorney(s) appearing for the Case

Thomas J. Gezon, Asst. U.S. Atty., John A. Smietanka, U.S. Atty., Grand Rapids, Mich., Daniel Jacobs, Peter W. Colby, U.S. Dept. of Justice, Land & Natural Resources Div., Environmental Enforcement Section, Washington, D.C., Nicholas Bollo, Assoc. Reg. Counsel, U.S.E.P.A., Region V, Chicago, Ill., James S. Brady, Miller, Johnson, Snell & Cummiskey, Grand Rapids, Mich., and David Hindin, U.S.E.P.A., Enforcement & Compliance Monitoring Office, Washington, D.C., for the U.S.

Stewart H. Freeman, Asst. Atty. Gen., Frank J. Kelley, Atty. Gen., Environmental Protection Div. and Corrections Div., and David M. Gadaleto, Asst. Atty. Gen., Corrections Div., Lansing, Mich., for the State of Mich.

H.G. Sparrow, III and Claudia Rast, Detroit, Mich., for Menominee Paper Co.; L. Grant Selsor, Menominee, Mich., of counsel.

OPINION

HILLMAN, Chief Judge.

These consolidated actions are brought by the United States through the Environmental Protection Agency (USEPA), against the City of Menominee, Michigan (City), the State of Michigan (Michigan), and the Menominee Paper Company (MPC). USEPA, City, and Michigan have apparently settled their respective disputes, and a proposed consent decree has been lodged. USEPA and MPC continue at loggerheads in the main action. MPC has filed...

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