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CHEM. WEAPONS WORKING GRP., INC. v. U.S. DEPT. OF ARMY

No. Civ.2:96-CV-0425C.

990 F.Supp. 1316 (1997)

CHEMICAL WEAPONS WORKING, GROUP, INC., Sierra Club, and Vietnam Veterans of America Foundation, Plaintiffs, v. UNITED STATES DEPARTMENT OF THE ARMY, United States Department of Defense, and EG&G Defense Materials, Inc., Defendants.

United States District Court, D. Utah, Central Division.

October 14, 1997.

Attorney(s) appearing for the Case

Paul Van Dam, Jones, Waldo, Holbrook & McDonough, Salt Lake City, UT, Randall M. Weiner, Land and Water Fund of the Rockies, Boulder, CO, Mick G. Harrison, Robert Ukeiley, Ashley Schannauer, Greenlaw, Inc., Bloomington, IN, Robert Guild, Columbia, SC, Richard Condit, Washington, DC, for Plaintiffs.

Stephen L. Roth, Asst. U.S. Atty., Salt Lake City, UT, Lisa Ann Holden, U.S. Dept. of Justice, Environmental & Nat. Resources Div., Washington, DC, Alan David Greenberg, Robert H. Foster, U.S. Dept. of Justice, Environmental Defense, Denver, CO, for Dept. of the Army and U.S. Dept. of Defense.

David Tundermann, Michael A. Zody, Craig D. Galli, Parsons, Behle & Latimer, Salt Lake City, UT, for EG&G Defense Material.

ORDER

CAMPBELL, District Judge.

This matter is before the court on defendant EG&G's motion to dismiss Count 10. Because the defendant has submitted matters in support of its motion that are outside the pleadings, the court shall treat this motion as one for summary judgment. F.R.C.P. 12(c). Having determined that oral argument would not materially assist in the resolution of this matter, DUCivR7-1(f), the court now enters the following order based upon...

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