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U.S. v. OCCIDENTAL CHEMICAL CORP.

No. 79-CV-990C.

965 F.Supp. 408 (1997)

UNITED STATES of America; State of New York; and UDC-Love Canal, Inc., Plaintiff, v. OCCIDENTAL CHEMICAL CORPORATION; Oxy Chemical Corporation; Occidental Chemical Holding Corporation; Occidental Petroleum Investment Company; Occidental Petroleum Corporation; the City of Niagara Falls, New York; the Niagara County Health Department and the Board of Education of the City of Niagara Falls, Defendants.

United States District Court, W.D. New York.

As Amended July 21, 1997.

Attorney(s) appearing for the Case

Piper & Marbury, Washington, DC (Thomas H. Truitt, Steven K. Yablonski, Anthony L. Young, of Counsel), for Defendant Occidental Chemical Corporation.

Earl W. Brydges, Jr., Richard E. Stanton, Niagara Falls, NY, for Defendant City of Niagara Falls.

DECISION AND ORDER

CURTIN, District Judge.

BACKGROUND

A. Prior Proceedings

In 1979, plaintiffs State of New York and the United States brought suit against defendant Hooker Chemicals & Plastics Corporation ("Hooker"). In 1982, Hooker became Occidental Chemical Corporation ("OCC"). Throughout the decisions relevant to this case, "Hooker" is used to describe the company during the events in question and "OCC" is used to refer to the...

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