UNITED STATES v. SOLVENTS RECOVERY SERV., ETC.

Civ. A. No. H 79-704.

496 F.Supp. 1127 (1980)

UNITED STATES of America v. SOLVENTS RECOVERY SERVICE OF NEW ENGLAND and Lori Engineering Company.

United States District Court, D. Connecticut.

August 20, 1980.


Attorney(s) appearing for the Case

Frank H. Santoro, Asst. U.S. Atty., Richard Blumenthal, U.S. Atty. for the District of Connecticut, New Haven, Conn., Erica L. Dolgin, Atty., Hazardous Waste Section, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff.

Michael L. Rodburg, Gerald Krovatin, Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, Roseland, N.J., Robert L. Wyld, Thomas D. Clifford, Shipman & Goodwin, Hartford, Conn., Robert H. Hall, Newtown, Conn., for defendant Solvents Recovery Service of New England.

Rolland Castleman, Stanley Falkenstein, Lessner, Rottner, Karp & Plepner, P. C., Manchester, Conn., for defendant Lori Engineering Co.

Austin Carey, Jr., Hoppin, Carey & Powell, Hartford, Conn., Peter Cooper, Sosnoff, Cooper, Whitney & Cochran, New Haven, Conn., Daniel Millstone, Connecticut Fund for the Environment, Inc., New Haven, Conn., for amici curiae and applicants for intervention Connecticut Fund for the Environment, Inc., Southington Citizens Action Group, Edward Avery, Joan Bradley, Edwina Ludecke and Gladys Langton.

David P. Kelley, Thalberg & Kelley, Southington, Conn., for amicus curiae and applicant for Intervention Board of Water Commissioners for the Town of Southington.


MEMORANDUM AND ORDER ON DEFENDANTS' MOTIONS TO DISMISS CLAIM ONE OF THE COMPLAINT OR TO STRIKE PRAYERS OF RELIEF FROM THE COMPLAINT

JOSÉ A. CABRANES, District Judge:

Introduction

The United States brings this action, pursuant to section 7003 of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6973, for injunctive relief to abate and remedy allegedly unlawful groundwater pollution in Southington, Connecticut. In Claim...

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