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U.S. v. PONDEROSA FIBRES OF AMERICA, INC.

No. 1:97CV909(FJS/RWS).

178 F.Supp.2d 157 (2001)

UNITED STATES of America, Plaintiff, v. PONDEROSA FIBRES OF AMERICA, INC., Defendant.

United States District Court, N.D. New York.

September 27, 2001.

Attorney(s) appearing for the Case

Office of the United States Attorney, James T. Foley U.S. Courthouse, Albany, NY, Attorneys for Plaintiff, James C. Woods, Asst. U.S. Atty.

United States Department of Justice, Washington, DC, Attorneys for Plaintiff, Steven A. Keller, Esq., David L. Weigert, Esq.

United States Environmental Protection Agency, New York, Attorneys for Plaintiff, Brian Carr, Esq.

Rosenman & Colin, LLP, New York, Attorneys for Defendant, Richard G. Leland, Esq.,1 of Counsel.

MEMORANDUM-DECISION AND ORDER

SCULLIN, Chief Judge.

I. INTRODUCTION

The United States commenced this action against Defendant on June 27, 1997, alleging that Defendant violated § 104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. § 9604(e). Specifically, the Government seeks to impose liability on the ground that Defendant (1) unreasonably failed to provide a timely response...

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