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U.S. v. ATLAS LEDERER CO.

No. C-3-91-309.

97 F.Supp.2d 834 (2000)

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

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

February 22, 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 MOTION FOR SUMMARY JUDGMENT (DOC. # 328) FILED BY DEFENDANT BROADWAY IRON AND METAL, INC.

RICE, Chief Judge.

This matter comes before the Court upon a Motion for Summary Judgment (Doc. # 328) filed by Defendant Broadway Iron and Metal, Inc. ("Broadway"). In its Motion, Broadway argues that no genuine issue of material fact exists with respect to its potential liability for response costs in this litigation, which arises under...

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