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U.S. v. FLEET FACTORS CORP.

Civ. A. No. CV687-070.

819 F.Supp. 1079 (1993)

UNITED STATES of America, Plaintiff, v. FLEET FACTORS CORPORATION, Clifford Horowitz, and Murray Newton, Defendants. FLEET FACTORS CORPORATION, Third-Party Plaintiff, v. Robert KOLODNEY, as Trustee Bankruptcy of Swainsboro Print Works, Inc., Third-Party Defendant.

United States District Court, S.D. Georgia, Statesboro Division.

April 23, 1993.

Attorney(s) appearing for the Case

Edmund Alexander Booth, Jr., Kenneth C. Etheridge, Augusta, GA, Wilda Cobb, U.S. E.P.A., Atlanta, GA, Donald A. Carr, Anne S. Almy, U.S. Dept. of Justice, Land and Natural Resources Div., Jon A. Mueller, John C. Cruden, U.S. Dept. of Justice, Environmental Enforcement Sect., Bradley Campbell, U.S. Dept. of Justice, Environmental & Natural Resource, Policy, Legislation & Special Litigation, Myles E. Flynt, Acting Asst. Atty. Gen., Env. & Natural Resources, Washington, DC, for U.S.

Mary Jane Norville, Patricia Thrower Barmeyer, King & Spalding, Atlanta, GA, Richard Edwin Miley, Richard E. Miley, Attorney at Law, P.A., North Augusta, SC, for defendant Fleet Factors Corp.

Charles B. Merrill, Jr., Merrill, Stone & Parks, Swainsboro, GA, for defendant Clifford Horowitz.

Murray Newton, pro se.

Cecil A. Citron, Sherman, Citron & Karasik, New York City, for third-party defendant Robert Kolodney.

ORDER

BOWEN, District Judge.

Before the Court are the second Cross-Motions for Summary Judgment filed by the United States of America ("Government") and Fleet Factors Corporation ("Fleet"). The Government's Summary Judgment Motion alleges that Fleet is liable under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675, ("CERCLA") as the operator of a CERCLA facility and as a "person" that "arranged for...

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