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WAGNER SEED CO., INC. v. BUSH

Civ. A. No. 88-1922.

709 F.Supp. 249 (1989)

WAGNER SEED CO., INC., Plaintiff, v. George BUSH, President of the United States; United States Environmental Protection Agency, et al., Defendants.

United States District Court, District of Columbia.

April 4, 1989.

Attorney(s) appearing for the Case

Frank L. Amoroso, Rhonda S. Kahan, Rivkin, Radler, Dunne & Bayh, Uniondale, N.Y., Keith A. O'Donnell, Rivkin, Radler, Dunne & Bayh, Washington, D.C., for plaintiff.

Letitia J. Grishaw, U.S. Dept. of Justice, Land & Natural Resources Div., Environmental Defense Section, Joseph Freedman, Office of Gen. Counsel, U.S. E.P.A., Washington, D.C., Thomas Lieber, U.S. E.P.A., New York City, for defendants.

OPINION AND ORDER

REVERCOMB, District Judge.

This case involves a claim by plaintiff, Wagner Seed Co., for reimbursement of funds expended by it for an environmental cleanup ordered by defendant United States Environmental Protection Agency ("EPA"). The case turns primarily on an interpretation of section 106(b)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. § 9606(b)(2). The parties each...

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