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U.S. v. OWENS CONTRACTING SERVICES, INC.

No. 93-CV-10309-BC.

884 F.Supp. 1095 (1994)

UNITED STATES of America, Plaintiff, v. OWENS CONTRACTING SERVICES, INC., and Frank J. Buscarino, Defendants.

United States District Court, E.D. Michigan, Northern Division.

December 14, 1994.

Attorney(s) appearing for the Case

Janet L. Parker, Asst. U.S. Atty., Bay City, MI, Jeffrey M. Cox, Asst. Regional Counsel, EPA — Region 5, Chicago, IL, David S. Christensen, U.S. Dept. of Justice, Environmental Enforcement Section, Washington DC, for plaintiff.

James P. Boardman, Saginaw, MI, for defendant Owens Contracting.

Joseph H. Luplow, Saginaw, MI, for defendant Frank J. Buscarino.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

CLELAND, District Judge.

I. Background

This case arises out of the demolition of a garage in Saginaw owned by Frank Buscarino ("Buscarino") and demolished by defendant Owens Contracting ("Owens"). The garage corresponded to a 10 unit apartment building, but was physically separate from it. The apartment building "was partially destroyed...

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