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STONE CRANBERRY CORP. v. FOSTER-MILLER, INC.

No. CIV.A. 02-11206-EFH.

411 F.Supp.2d 10 (2006)

STONE CRANBERRY CORP., Plaintiff v. FOSTER-MILLER, INC., Northrop, Grumman Space & Mission Systems Corp. and United States of America, Defendants.

United States District Court, D. Massachusetts.

January 18, 2006.

Attorney(s) appearing for the Case

Steven J. Marullo, Law Office of Steven J. Marullo, Steven Rosenberg, Boston, MA, for Stone Cranberry Corporation Plaintiff.

Anton P. Giedt, United States Attorney's Office, Boston, John F. McCarthy, U.S. Department of Justice, Environmental Defense Section, Washington, DC, Christine K. Tramontana, Giarrusso, Norton, Cooley & McGlone, Marina Bay, Joseph Lawrence Harrington, III, Giarrusso, Norton, Cooley & McGlone, P.C., Marina Bay, Roy P. Giarrusso, Giarrusso, Norton, Cooley & McGlone, P.C., Curtis A. Connors, Giarrusso, Norton, Cooley & McGlone, P.C., Quincy, MA, for Air Force, United States Department of the, Northrop Grumman Space & Mission Systems Corp., Foster-Miller, Inc., Defendants.

Blake C. Nielsen, Environment & Natural Resources Division, Environmental Defense Section, Timothy B. Walthall, U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, for USA, Defendant.

MEMORANDUM AND ORDER

HARRINGTON, Senior District Judge.

INTRODUCTION

This matter is before the Court on the Defendant United States of America's ("United States" or "the government") Motion to Dismiss or, in the Alternative, for Summary Judgment as to the claims of the Plaintiff Stone Cranberry Corp. ("Stone Cranberry"). Stone Cranberry brings its claims against the United States pursuant to the Federal Tort Claims Act ("FTCA"), 28...

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