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GEN. ELEC. ENVIR. SERV. v. ENVIROTECH CORP.

Civ. A. No. 1:CV-90-1849.

763 F.Supp. 113 (1991)

GENERAL ELECTRIC ENVIRONMENTAL SERVICES, INC., Plaintiff, v. ENVIROTECH CORPORATION, Defendant.

United States District Court, M.D. Pennsylvania.

March 18, 1991.

Attorney(s) appearing for the Case

R. Hart Beaver, Beaver, Wolf & Harlan, Lebanon, Pa., Paul J. Lambert, James A. Ermilio, Bingham, Dana & Gould, Washington, D.C., for plaintiff.

Thomas W. Scott, Killian & Gephart, Harrisburg, Pa., for defendant.

Douglas F. Brennan, Com. of Pa., Dept. of Environmental Resources, Asst. Counsel, Office of Chief Counsel, Bureau of Hazardous Sites & Superfund Enforcement, Harrisburg, Pa., for amicus curiae.

MEMORANDUM

RAMBO, District Judge.

Before the court is defendant Envirotech Corporation's motion to dismiss plaintiff's second cause of action pursuant to Federal Rule of Civil Procedure 12(b)(6). The motion has been fully briefed and oral argument was held on February 14, 1991. The Pennsylvania Department of Environmental Resources ("DER") has filed an amicus curiae brief in support of plaintiff. The motion is therefore ripe for disposition.

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