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SIERRA CLUB, INC. v. TYSON FOODS, INC.

CIVIL ACTION NO. 4:02CV-73-M.

299 F.Supp.2d 693 (2003)

SIERRA CLUB, INC., Mary B. Edwards, Norma Caine, and Leesa Webster, Plaintiffs, v. TYSON FOODS, INC., Tyson Children Partnership, Adams Chicken Farms, Stirman Adams, Buchanan Livestock, Buchanan Farms, and Roland Buchanan, Defendants.

United States District Court, W.D. Kentucky, Owensboro Division.

November 7, 2003.

Attorney(s) appearing for the Case

Aaron Isherwood, Barclay Rogers, Patrick Gallagher, San Francisco, CA, John Harbison, Ronald Shems, Shems Dunkiel & Kassel, Burlington, VT, Phillip J. Shepherd, Frankfort, KY, for Plaintiffs.

James Wendell Taylor, Lexington, KY, Judith A. Villines, Frankfort, KY, Laura D. Keller, Louisville, KY, Stites & Harbison, Flem Gordon, Gordon & Gordon, P.S.C., Madisonville, KY, for Defendants.

MEMORANDUM OPINION AND ORDER

McKINLEY, District Judge.

This matter is before the Court on Plaintiffs' Motion for Partial Summary Judgment as to the First and Second Causes of Action [DN 44]; on a motion by Defendants for summary judgment on the CERCLA and EPCRA issues [DN 49]; on a motion by Defendants, Tyson Food on its behalf and on behalf of Tyson Chicken for partial summary judgment on the issue of "person in charge" [DN 50]; on a motion by Defendant...

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