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U.S. v. LAMBERT

Civil Action No. 2:94-1012.

915 F.Supp. 797 (1996)

UNITED STATES of America, Plaintiff, v. Judith L. LAMBERT, Individually and as Executrix of the Estate of Donald A. Lambert, deceased, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

January 31, 1996.

Attorney(s) appearing for the Case

Rebecca A. Betts, U.S. Attorney, Carol Casto, Ass't. U.S. Attorney, Charleston, WV, Robert E. Lefevre, Daniel R. Dertke and Lois J. Schiffer, Environment & Natural Resources Div., Environmental Defense Section, Washington, DC, for plaintiff.

J. Randolph Query, Spradling & Query, Charleston, WV, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the Plaintiff's Motion for Partial Summary Judgment on Liability. Defendants have not responded and the motion is ripe for determination.1 Based upon the absence of a genuine issue of material fact and the law, the Court GRANTS the motion.

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper only:

"If the...

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