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KELLEY v. E.I. duPONT de NEMOURS

No. 90-CV-72028-DT.

786 F.Supp. 1268 (1992)

Frank J. KELLEY, ex rel. STATE OF MICHIGAN and Michigan Department of Natural Resources, Plaintiffs, v. E.I. duPONT de NEMOURS and COMPANY, Browning-Ferris Industries of Ohio and Michigan, Inc., and Andrew Stevens, Defendants.

United States District Court, E.D. Michigan, S.D.

March 9, 1992.

Attorney(s) appearing for the Case

Albert M. Leffler, Jeremy M. Firestone, Lansing, Mich., for plaintiffs.

Steven C. Kohl, Muskegon, Mich., Gary R. Cooper, Toledo, Ohio, William G. Beck, Kansas City, Mo., for defendants.

CORRECTED OPINION AND ORDER REGARDING (1) THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ON THE PARTIES' FEBRUARY 1991 MOTIONS FOR PARTIAL SUMMARY JUDGMENT, (2) PLAINTIFFS' NOVEMBER 7, 1991 MOTION FOR PARTIAL SUMMARY JUDGMENT, AND (3) DEFENDANTS' OCTOBER 1991 MOTIONS TO DISMISS COUNTS III AND IV

ROSEN, District Judge.

I. INTRODUCTION

A. PLAINTIFFS' ORIGINAL COMPLAINT

On July 12, 1990, Plaintiffs Frank J. Kelley, ex rel., State of Michigan...

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