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PACTIV CORP. v. CHESTER

Civil No. 05-71116.

455 F.Supp.2d 680 (2006)

PACTIV CORPORATION, a Delaware corporation, Plaintiff, v. Steven E. CHESTER, Director of the Michigan Department of Environmental Quality, and Michael Cox, Attorney General for the State of Michigan, Defendants.

United States District Court, E.D. Michigan, Southern Division.

September 28, 2006.

Attorney(s) appearing for the Case

Jay E. Brant, Jeffrey L. Woolstrum, Joseph M. Polito, Honigman, Miller, Detroit, MI, for Plaintiff.

Kathleen L. Cavanaugh, Celeste R. Gill, MI Dept. of Attorney General, Lansing, MI, for Defendants.

AMENDED1 OPINION AND ORDER DENYING THE MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNTS II AND III

FEIKENS, District Judge.

Previously, I found I have jurisdiction to hear Plaintiff's claims that M.C.L. §§ 324.20114(1)(h) and 324.20137(1) violate its constitutional due process rights, to the extent that the statutes require Pactiv Corp. (Pactiv) to undertake planning and penalize the failure to properly plan...

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