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MUTH v. U.S.

Civ. A. No. 6:92-0180.

804 F.Supp. 838 (1992)

D.P. MUTH, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S.D. West Virginia, Parkersburg Division.

October 23, 1992.

Attorney(s) appearing for the Case

Gary E. Pullin, Cleek, Pullin & Bibb, Charleston, W.Va., for plaintiffs.

Christina M. Humway and Paul Yanowitch, Torts Branch, Civ. Div., Washington, D.C., Michael W. Carey, U.S. Atty., Charleston, W.Va., for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the Defendant's motion to dismiss, or in the alternative for summary judgment. Given the volume of exhibits and lengthy oral argument, the Court elects to treat Defendant's request as a motion for summary judgment. The Court grants the Defendant's motion and ORDERS this action dismissed and stricken from the docket of the Court.

I. FACTUAL BACKGROUND

A. Ownership, Contamination...

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