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CITY OF FRESNO v. U.S.

No. 1:06-CV-1559-OWW-GSA.

709 F.Supp.2d 934 (2010)

CITY OF FRESNO, Plaintiff, v. UNITED STATES of America, et al., Defendants.

United States District Court, E.D. California.

June 30, 2010.

Attorney(s) appearing for the Case

Jessica E. Yates, Lisa A. Decker, Snell and Wilmer L.L.P., Denver, CO, Jeffrey L. Willis, Snell & Wilmer LLP, Tucson, AZ, John D. McCarthy, Holme Roberts & Owen LLP, Denver, CO, for Plaintiff.

Charles Scott Spear, Paul Cirino, Kim Noelle Smaczniak, Washington, DC Sylvia Ann Quast, Sacramento, CA, for Defendants.

MEMORANDUM DECISION RE: DEFENDANT BOEING'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION OF THE CITY OF FRESNO'S RCRA CLAIM (Doc. 225)

OLIVER W. WANGER, District Judge.

I. INTRODUCTION.

Defendant the Boeing Company now moves, pursuant to Federal Rule of Civil Procedure Rule 56, to dismiss the City's RCRA claim on the ground that the Court lacks subject matter jurisdiction over the claim under § 113(h) of CERCLA...

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