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U.S. v. W.R. GRACE & CO.-CONN.

No. CV 01-72-M-DWM.

280 F.Supp.2d 1135 (2002)

UNITED STATES of America, Plaintiff, v. W.R. GRACE & CO.-CONN. and Kootenai Development Corporation, Defendants.

United States District Court, D. Montana, Missoula Division.

December 19, 2002.

Attorney(s) appearing for the Case

Sherry S. Matteucci, Victoria L. Francis, Office of U.S. Attorney, Billings, MT, Matthew D. Cohn, Andrea Madigan, David F. Askman, James D. Freeman, Heidi Kukis, Mark C. Elmer, U.S. Dept. of Justice, Denver, CO, John C. Cruden, U.S. Environmental Enforcement Section, Thomas Sansonetti, U.S. Dept. of Justice, Washington, DC, for United States.

Kenneth W. Lund, John D. McCarthy, Linnea Brown, Holme, Roberts & Owen, Denver, CO, Gary L. Graham, Dean A. Hoistad, David C, Berkoff, Terry J. MacDonald, Garlington, Lohn & Robinson, PLLP, Missoula, MT, for Defendants.

ORDER

MOLLOY, Chief Judge.

I. Factual Background

In the late 1800s, gold miners discovered a significant body of vermiculite ore in an area located in the mountains seven miles northeast of Libby, Montana. One of the minerals found in the vermiculite deposits is tremolite, a form of asbestos in the amphibole family. Around 1939, the Zonolite Company (originally known as Universal Zonolite Insulation Company) was formed to mine and process vermiculite...

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