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U.S. v. KAYSER-ROTH CORP.

C.A. No. 88-0325B.

917 F.Supp. 889 (1996)

UNITED STATES of America, Plaintiff, v. KAYSER-ROTH CORPORATION and Hydro-Manufacturing, Inc., Defendants.

United States District Court, D. Rhode Island.

March 14, 1996.

Attorney(s) appearing for the Case

Cynthia S. Huber, Senior Attorney, Environmental Enforcement Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, DC, Lois J. Schiffer, Ass. Attorney General, Environment and Natural Resources Division, Washington, DC, Sheldon Whitehouse, United States Attorney, District of Rhode Island, Providence, RI, Everett Sammartino, Ass. United States Attorney, District of Rhode Island, Providence, RI, for Plaintiff.

Deming E. Sherman, Edwards & Angell, Providence, RI, for Defendant Kayser-Roth Corp.

Haig Barsamian, Providence, RI, William G. Grande, Jr., Providence, RI, for Defendant Hydro-Manufacturing, Inc.

MEMORANDUM AND ORDER

FRANCIS J. BOYLE, Senior District Judge.

Pursuant to Federal Rule of Civil Procedure 60(b), Hydro-Manufacturing, Inc. ("Hydro") filed a Motion to Vacate or Modify the Consent Decree entered into on January 18, 1990. Hydro argues that the Decree should be altered or vacated because of circumstances which are unfairly burdensome. Based upon recent First Circuit law and principles of equity, Defendant's Motion is denied.

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