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500 ASSOCIATES, INC. v. VERMONT AMERICAN CORP.

Civil Action No. 3:96CV-847-S.

768 F.Supp.2d 914 (2011)

500 ASSOCIATES, INC., Plaintiff, v. VERMONT AMERICAN CORPORATION, Defendant.

United States District Court, W.D. Kentucky, at Louisville.

February 7, 2011.

Attorney(s) appearing for the Case

Christopher R. Fitzpatrick, Floyds Knobs, IN, Cynthia L. Effinger, Glenn A. Cohen, Paul Joseph Hershberg, Seiller Waterman, LLC, Louisville, KY, for Plaintiff.

Charles G. Middleton, III, Henry S. Alford, James E. Milliman, Michael F. Tigue, Rebecca Grady Jennings, Elizabeth G. Powell, Louisville, KY, for Defendant.

MEMORANDUM OPINION

CHARLES R. SIMPSON, III, District Judge.

This matter is before the court on cross-motions for summary judgment on the claim of the plaintiff, 500 Associates, Inc., to recoup expenses under a provision of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. § 9607(a)(4)(B).1

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