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ENVIRONMENTAL TRANSP. SYSTEMS, INC. v. ENSCO, INC.

No. 89-4001.

763 F.Supp. 384 (1991)

ENVIRONMENTAL TRANSPORTATION SYSTEMS, INC., an Oklahoma corporation, and Canal Insurance Company, a South Carolina corporation, Plaintiffs, v. ENSCO, INC., an Arkansas corporation, both individually and as successor in interest to Energy Systems Company, an Arkansas corporation, Northern States Power Company, and Evanston Insurance Company, an Illinois corporation, Defendants.

United States District Court, C.D. Illinois.

April 24, 1991.

Attorney(s) appearing for the Case

Robert J. Noe, Moline, Ill., Linda G. Alexander, Oklahoma City, Okl., for plaintiffs.

Sheldon A. Zabel, Chicago, Ill., Willis Conkhite, III, Little Rock, Ark., Fritz Huszagh, Chicago, Ill., for defendants.

ORDER

MIHM, District Judge.

Before the Court are Cross-Motions for Summary Judgment. For the reasons set forth below, each of these Motions is granted in part and denied in part.

BACKGROUND

In 1984 the Defendant Northern States Power ("NSP") decided to dispose of certain hazardous or toxic chemicals being stored at its plant near Minneapolis, Minnesota. The hazardous chemicals were polychlorinated biphenyls ("PCBs") and were stored in large...

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