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BATTAGLIA v. BROWNER

No. 96 C 6024.

963 F.Supp. 689 (1997)

Frank P. BATTAGLIA, Trustee, and Battaglia Distributing Corp., Inc., Plaintiffs, v. Carol M. BROWNER, Administrator, U.S. Environmental Protection Agency, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

April 30, 1997.

Attorney(s) appearing for the Case

John C. DeWolfe, Jr., DeWolfe, Poynton & Stevens, Chicago, IL, William J. Stevens, Chicago, IL, for plaintiffs.

Christopher Eric Tracy, U.S. Attorney's Office, Chicago, IL, for defendant.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Frank P. Battaglia sued Carol M. Browner, the Administrator of the Environmental Protection Agency ("EPA"), pursuant to the "citizens suit" provision of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9659(a)(1), complaining that the defendant wrongfully designated his property as a "facility," and wrongfully listed it in and refused to delete...

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