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U.S. v. BRODERICK INV. CO.

Civil Action No. 86-Z-369.

955 F.Supp. 1268 (1997)

UNITED STATES of America, Plaintiff, and State of Colorado, Intervenor, v. BRODERICK INVESTMENT COMPANY, Tom Connolly as Trustee, and Burlington Northern Railroad Company, Defendants.

United States District Court, D. Colorado.

February 25, 1997.

Attorney(s) appearing for the Case

Stephen Taylor, Assistant U.S. Attorney, Denver, CO, Jerel L. Ellington, Environment & Natural Resources Division, Denver, CO, Richard L. Sisk, Office of Regional Counsel, U.S. Environmental Protection Agency, Region VIII, Denver, CO, for plaintiff.

Robert Eber, Attorney General's Office, Natural Resources Section, Denver, CO, for intervenor.

Gary E. Parish, Robert J. Potrykus, Jr., LeBoeuf, Lamb, Greene & MacRaie, L.L.P., Denver, CO, for defendant Burlington.

AMENDED MEMORANDUM OPINION AND ORDER

WEINSHIENK, District Judge.

I. BACKGROUND:

This matter, before the Court under 28 U.S.C. § 1331, relates to environmental contamination and clean-up at the Broderick Wood Products Company site (Site), a 64 acre parcel located immediately northwest of Denver in Adams County, Colorado. From 1947 to 1981, Broderick Wood Products Company operated a wood treatment facility at the Site. Process wastes...

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