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U.S. v. DAVIS

Civ. A. No. 90-0484 P.

794 F.Supp. 67 (1992)

UNITED STATES of America v. William M. DAVIS et al.

United States District Court, D. Rhode Island.

June 22, 1992.

Attorney(s) appearing for the Case

Bernard P. Bell, Michele M. Giuliani, U.S. Dept. of Justice, Environmental Enforcement Section, Washington, D.C. (Richard Stewart, Daniel Beckhard, Everett Sammartino, Julie Taylor, Patricia Sims, Alex Beehler, Brian Burke, of counsel), for plaintiffs.

Mark O. Denehy, Adler, Pollock & Sheehan, Inc., Providence, R.I., Liaison counsel, for third party defendants.

Steven W. Raffa, Blish & Cavanagh, Providence, R.I., Local counsel, Samuel D. Rosen, Milgrim Thomajan & Lee P.C., New York City, for defendant Clairol.

Robert S. Sanoff, Foley, Hoag & Eliot, Boston, Mass., Liaison counsel, for Generator defendants.

MEMORANDUM AND ORDER

PETTINE, Senior District Judge.

Pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, the United States moved to strike certain defendants' affirmative defenses from the pleadings as legally insufficient. The United States contended that section 107 of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9607, did not permit most of the asserted defenses. On April 17, 1992, Magistrate...

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