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U.S. v. ATLAS LEDERER CO.

No. C-3-91-301.

97 F.Supp.2d 830 (2000)

UNITED STATES of America, Plaintiff, v. The ATLAS LEDERER COMPANY, et al., Defendants.

United States District Court, S.D. Ohio, Western Division.

February 16, 2000.

Attorney(s) appearing for the Case

Patrick Dennis Quinn, U.S. Attorney's Office, Dayton, OH, Matthew A. Fogelsonm, Gregory L. Sukys, U.S. Dept. of Justice, Environmental Enforcement Section, Washington, DC, David F. Musel, U.S. Dept. of Justice & Natural Resources Division, Environmental Enforcement Section, Washington, DC, Gregory L. Lattimer, Environmental Enforcement Section, Land and Natural Resources Division, U.S. Dept. of Justice, Washington, DC, David A. Carson, U.S. Dept. of Justice, Environment and Natural Resources Div., Environmental Defense Section, Washington, DC, Cecilia E. Kim, Environmental Defense Section, Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, Thomas Giller, U.S. Dept. of Justice, Chicago, IL, Sherry L. Estes, Asst. Regional Counsel, U.S. Environmental Protection Agency, Chicago, IL, Jacqueline Schuster Hobbs, Benesch, Friedlander Coplan & Aronoff, Cincinnati, OH, for plaintiff.

Michael A. Cyphert, Heather A. Austin, Louis L. McMahon, Cleveland, OH, for defendants.

DECISION AND ENTRY OVERRULING SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT (DOC. # 400) FILED BY DEFENDANT LIVINGSTON & CO., INC.

RICE, Chief Judge.

This matter comes before the Court upon a supplemental Motion for Summary Judgment (Doc. # 400) filed by Defendant Livingston & Co., Inc. ("Livingston"). The basis for Livingston's Motion is that the recently enacted Superfund Recycling Equity Act, P.L. 106-113, constitutes a "potentially dispositive legislative...

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