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AmSOUTH BANK v. MISSISSIPPI CHEMICAL CORP.

No. 06-CIV-0722.

465 F.Supp.2d 1206 (2006)

AmSOUTH BANK, an Alabama Banking Corporation, v. MISSISSIPPI CHEMICAL CORP.; Mississippi Potash, Inc; Charles Owen Engineering, LLC; Terra Industries, Inc.; United States Fish & Wildlife Service; and United States Probation Office, Defendants.

United States District Court, D. New Mexico.

December 14, 2006.

Attorney(s) appearing for the Case

William Spencer Reid, Mariposa P. Sivage, The Law Firm of Keleher & McLeod, A Professional Association, Albuquerque, NM, for Plaintiff.

Jeffrey L. Lowry, Rodey, Dickason, Sloan, Akin & Rob, John W. Zavitz, U.S. Attorney's Office, District of New Mexico, Albuquerque, NM, for Defendants.

MEMORANDUM AND ORDER

MARTEN, District Judge.

As a part of a plea agreement following a prosecution under the Migratory Bird Act, 16 U.S.C. § 703, 707(a), the defendant Mississippi Potash agreed to remediate environmental pollution at the Laguna Toston site in New Mexico, and toward this end deposited $237,500 into escrow with plaintiff AmSouth Bank. Under the Remediation Escrow Agreement, AmSouth would pay funds from the escrow account upon confirmation...

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