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FOREST PARK NAT. BANK & TRUST v. DITCHFIELD

No. 10 C 3166.

881 F.Supp.2d 949 (2012)

FOREST PARK NATIONAL BANK & TRUST, Plaintiff, v. Edward DITCHFIELD, Helen Ditchfield, Trust Number 12861 (u/t/a Dated September 10, 1985 with First Bank of Oak Park) US Bancorp Successor Trustee, Trust Number 31081 (u/t/a Dated October 12, 1999 with Cosmopolitan Bank & Trust) US Bancorp Successor Trustee, and E & H Enterprises, Inc., d/b/a River Forest Cleaners, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

July 24, 2012.

Attorney(s) appearing for the Case

Thomas W. Daggett, Daggett Law Firm, Michael Sean O'Connell, Law Office of Michael S. O'Connell, Chicago, IL, for Plaintiff.

Michael S. Blazer, Thomas S. Yu, Jeep & Blazer, L.L.C., Hillside, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

REBECCA R. PALLMEYER, District Judge.

Defendants have operated a dry cleaning business in River Forest, Illinois for almost 35 years. Dry cleaning requires the use of the toxic substance perchloroethylene ("perc"); it is undisputed that the soil beneath Defendants' dry cleaning business is substantially contaminated with perc. Plaintiff Forest Park National Bank ("FPNB") became the owner of a residential property adjacent...

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