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MIAMI CTY. INCIN. QUAL. TRUST v. ACME WASTE MGMT.

No. C-3-96-101.

61 F.Supp.2d 724 (1999)

MIAMI COUNTY INCINERATOR QUALIFIED TRUST, Plaintiff, v. ACME WASTE MANAGEMENT COMPANY, et al., Defendants.

United States District Court, S.D. Ohio, Western Division.

July 21, 1999.

Attorney(s) appearing for the Case

Andrew Seth Lipton, Manley, Burke, Lipton & Cook, Cincinnati, OH, for Miami County Incinerator, Qualified Trust, Bethel Township Ohio, Village of Bradford, Brown Township, Concord Township, Village of Covington, Village of Laura, Village of Ludlow Falls, Miami County OH, Monroe Township, Newberry Township, Newton Local School District, City of Piqua, Piqua City School District, Village of Pleasant Hill, Staunton Township, Tipp City Ohio, City of Troy, Troy Board of Education, plaintiffs.

John Edward Fulker, Faust, Harrelson, Fulker & McCarthy, Troy, OH, for Grissom's Market, Craig Grissom, James Grissom, Bernard Stayman, Schaefer Co., Inc., Max L. Schaefer, defendants.

Dennis Mitchell Donnelly, Troy, OH, for Hines Builders, Inc., Harold A Hines, defendants.

Constantine Dino Gianuglou, Gianuglou, Skilken & Replogle, Dayton, OH, for McGovern Builders Inc., Charles C McGovern, William Willoughby, defendants.

William Jackson Fulker, Faust, Harrelson, Fulker & McCarthy, Troy, OH, Richard Harold Wallace, Elsass Wallace Evans Schnelle, Sidney, OH, for Pence Containerized Refuse Service, defendant.

William Jackson Fulker, Faust, Harrelson, Fulker & McCarthy, Troy, OH, for Richard Pence, defendant.

Richard Harold Wallace, Elsass Wallace Evans Schnelle, Sidney, OH, for BJ Swonger, defendant.

DECISION AND ENTRY SUSTAINING MOTION FOR SUMMARY JUDGMENT OF DEFENDANT WASTE MANAGEMENT OF OHIO, INC. (DOC. # 150); PLAINTIFF DIRECTED TO INFORM THE COURT, WITHIN 10 DAYS FROM DATE, WHETHER FINAL JUDGMENT CAN BE ENTERED IN THIS LITIGATION

RICE, Chief Judge.

The Plaintiff brings this litigation under §§ 107(a) and 113(f) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 9607(a...

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