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U.S. v. SCHMALZ

Civ. A. No. 90-C-941.

823 F.Supp. 644 (1993)

UNITED STATES of America, Plaintiff, v. Gregory A. SCHMALZ, Gerald W. Schmalz, Marie A. Schmalz, and Menasha Electric and Water Utilities, a Wisconsin municipal utility, also known as Menasha Electric and Water Utilities, Inc., Defendants. and MENASHA ELECTRIC AND WATER UTILITIES, Third-Party Plaintiff, v. Warren E. WIESELER, Wieseler Construction, Inc., Menasha Corporation, and Consolidated Papers, Inc., Third-Party Defendants.

United States District Court, E.D. Wisconsin.

June 8, 1993.

Attorney(s) appearing for the Case

Steven D. Ellis, Environmental Enforcement Section, ENR Div., U.S. Dept. of Justice, Washington, DC, Nathan Fishbach, U.S. Atty., Milwaukee, WI, John Breslin, Asst. Regional Counsel, Chicago, IL, for plaintiff.

Walter Kuhlmann, Richard Delancenserie, Laurie J. Kobza, Boardman, Suhr, Curry & Field, Madison, WI, for defendant and third party plaintiff, Menasha Elect.

Raymond Pollen, Douglas H. Starck, Riordan Crivello Carlson Mentkowski Steeves, Milwaukee, WI, for third party defendant, Menasha Corp.

Gerald W. Schmalz, Marie A. Schmalz and Gregory Schmalz, pro se defendants.

Ted Waskowski, Stafford, Rosenbaum, Rieser & Hansen, Madison, WI, for third party defendants, Warren Wieseler and Wieseler Co.

Robert DuPuy, Mark D. Kunkel, Foley & Lardner, Milwaukee, WI, for third party defendant, Consolidated Papers.

DECISION AND ORDER

REYNOLDS, Senior District Judge.

On November 7, 1990, plaintiff United States of America filed an amended complaint seeking recovery of environmental response costs associated with a dump site located in Harrison, Wisconsin, pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, Title 42 United States Code §§ 9601 ...

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