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ELF ATOCHEM NORTH AMERICA, INC. v. U.S.

Civ. A. No. 92-CV-7458.

833 F.Supp. 488 (1993)

ELF ATOCHEM NORTH AMERICA, INC. v. UNITED STATES of America, United States Department of Commerce, Barbara Franklin, Secretary of Commerce, in her Official Capacity, General Services Administration, Richard G. Austin, Administrator, General Services Administration, in his Official Capacity, United States Department of Defense, Dick Cheney, Secretary of Defense, in his Official Capacity, United States Department of the Army, Michael P.W. Stone, Secretary of the Army, in his Official Capacity, and Witco Corporation.

United States District Court, E.D. Pennsylvania.

September 1, 1993.

Attorney(s) appearing for the Case

Michael A. Bogdonoff, William J. Kennedy, Dechert, Price & Rhoads, Philadelphia, PA, for plaintiff.

Brud Rossmann, U.S. Dept. of Justice, Environmental Defense Section, Washington, DC, for U.S. et al.

Michael R. Lazerwitz, Charles F. Lettow, Cleary, Gottlieb, Steen & Hamilton, Washington, DC, for Witco, Corp.

MEMORANDUM AND ORDER

JOYNER, District Judge.

Elf Atochem brought this action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. §§ 9601-9675 (hereinafter "CERCLA"), the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, and the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, et seq. ("Spill Act") against the United States and Witco Corporation...

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