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U.S. v. NEWMONT USA LTD.

No. CV-05-020-JLQ.

504 F.Supp.2d 1050 (2007)

UNITED STATES of America, Plaintiff, v. NEWMONT USA LIMITED and Dawn Mining Company, LLC, Defendants. Dawn Mining Company, LLC, Third-party Plaintiff, v. Ortencia Ford and Donnelly Villegos, Third-party Defendants.

United States District Court, E.D. Washington.

August 21, 2007.

Attorney(s) appearing for the Case

Paul J. Gormley, David Rosskam, Katherine A. Loyd, Michael J. McNulty, United States Department of Justice, Washington, DC, Heidi K. Hoffman, U.S. Department of Justice, Denver, CO, Michael James Zevenbergen, U.S. Attorney's Office, Seattle, WA, for Plaintiff.

Elizabeth H. Temkin, Nathan M. Longenecker, Temkin Wielga Hardt & Longenecker LLP, Denver, CO, Michael R. Thorp, Heller Ehrman LLP, Karen M. McGaffey, Perkins Coie, Seattle, WA; for Defendants.

Mark William Schneider, Karla J. Axell, Matthew D. Diggs, Perkins Coie, Seattle, WA, for Defendants/Third-party Plaintiff.

Ortencia Ford, Wellpinit, WA, Pro se.

Bruce William Hondle, Bruce W. Hondle, PLLC, Spokane, WA, for Third-party Defendants.

MEMORANDUM OPINION AND ORDER RE: THE UNITED STATES OF AMERICA'S LIABILITY AS AN "OWNER" UNDER CERCLA

QUACKENBUSH, Senior District Judge.

BEFORE THE COURT are (1) United States' Motion To Dismiss Counterclaims By Newmont and Dawn, and/or For Summary Judgment (Ct.Rec.121), and (2) Defendants Newmont USA Limited's and Dawn Mining Company, LLC's Motion for Summary Judgment. (Ct.Rec.126). These are cross-motions for summary judgment on the issue of whether the...

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