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  5. 296 F.Supp.2d 1197 (2003)
 

FIREMAN'S FUND INS. CO. v. CITY OF LODI, CAL.

No. CIV.S 98-1489 FCD JFM.

296 F.Supp.2d 1197 (2003)

FIREMAN'S FUND INSURANCE COMPANY, Plaintiff, v. CITY OF LODI, CALIFORNIA, et. al., Defendants.

United States District Court, E.D. California.

December 22, 2003.

Attorney(s) appearing for the Case

Terry J. Houlihan, Edward L. Strohbehn, Jr., Thomas S. Hixson, Bingham McCutchen LLP, San Francisco, CA, for Plaintiff Fireman's Fund Insurance Company.

Michael C. Donovan, Cecelia C. Fusich, Bret A. Stone, Envision Law Group, LLP, Lafayette, CA, for Defendant City of Lodi, Cal.

MEMORANDUM AND ORDER

DAMRELL, District Judge.

Plaintiff Fireman's Fund Insurance Company ("plaintiff") brought suit alleging that defendant City of Lodi's ("Lodi") ordinance, the Comprehensive Municipal Environmental Response and Liability Ordinance ("MERLO"), violates the Supremacy Clause of the United States Constitution because MERLO is preempted by the federal Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C....

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