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CITY OF EUREKA, MO. v. U.S.

No. 90-1489C(6).

770 F.Supp. 500 (1991)

CITY OF EUREKA, MISSOURI, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants.

United States District Court, E.D. Missouri.

August 22, 1991.

Attorney(s) appearing for the Case

Jerome Wallach, The Wallach Law Firm, St. Louis, Mo., for plaintiff City of Eureka.

Robert S. Adler, Rothman, Sokol, Adler, Barry & Sarachan, St. Louis, Mo., for City of Fenton.

Kay Allison, Atty., Environmental Defense Section, Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for defendant U.S.

MEMORANDUM

GUNN, District Judge.

This matter is before the Court on defendants' motion to dismiss plaintiff's complaint pursuant to Fed.R.Civ.P. 12(b)(1). Plaintiffs, Cities of Eureka and Fenton, bring this action pursuant to section 310 of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601-9657, as amended by the Superfund Amendments and Reauthorization Act of 1986 Pub.L. No. 99-499, 100 Stat...

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