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ELF ATOCHEM NORTH AMERICA v. U.S.

Civ. A. Nos. 92-7458, 94-0662.

866 F.Supp. 868 (1994)

ELF ATOCHEM NORTH AMERICA v. UNITED STATES of America, et al. UNITED STATES of America v. WITCO CORPORATION.

United States District Court, E.D. Pennsylvania.

November 1, 1994.

Attorney(s) appearing for the Case

William J. Kennedy, Frederick G. Herold, Eli R. Brill, Dechert, Price & Rhoads, Philadelphia, PA, Brud Rossmann, U.S. Dept. of Justice, Environmental and Natural Resources Div., Jonathan A. Marks, U.S. Dept. of Justice, Environmental Enforcement Section, Washington, DC, for Elf Atochem North America, Inc.

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

MEMORANDUM

JOYNER, District Judge.

Before us today are cross-motions to dismiss and/or for summary judgment with respect to the United States' Counterclaim against Elf Atochem North America, Inc. This Court has described the facts of these consolidated actions in other opinions and they will not be repeated at length here. Briefly, Elf and the United States Environmental Protection Agency (EPA) settled claims the EPA brought against Elf under the Comprehensive...

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