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RAYMOND PROFFITT FOUNDATION v. U.S. E.P.A.

Civ. A. No. 95-0861.

930 F.Supp. 1088 (1996)

The RAYMOND PROFFITT FOUNDATION, v. The UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Carol Browner, Administrator.

United States District Court, E.D. Pennsylvania.

April 16, 1996.

Attorney(s) appearing for the Case

John W. Wilmer, Media, PA, for The Raymond Proffitt Foundation.

David R. Hoffman, U.S. Attorney's Office, Philadelphia, PA, Mark A. Nitczynski, U.S. Department of Justice, Washington, DC, for United States Environmental Protection Agency.

Mark A. Nitczynski, U.S. Department of Justice, Washington, DC, Judith R. Hykel, U.S. Attorney's Office, Philadelphia, PA, for Carol Browner.

MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the court are cross motions for summary judgment filed by the plaintiff, The Raymond Proffitt Foundation ("Proffitt"), and the defendants, the United States Environmental Protection Agency ("EPA") and Carol Browner, Administrator (jointly, "Defendants"). For the reasons stated below, the motions will be granted in part and denied in part.

I. BACKGROUND

This civil action arises...

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