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UNITED STATES v. KIN-BUC, INC.

Civ. A. No. 79-514.

532 F.Supp. 699 (1982)

UNITED STATES of America, Plaintiff, v. KIN-BUC, INC., et al., Defendants.

United States District Court, D. New Jersey.

February 11, 1982.

Attorney(s) appearing for the Case

W. Hunt Dumont, U. S. Atty. by A. Patrick Nucciarone, Asst. U. S. Atty., Newark, N. J., for plaintiff.

Weiner & Hendler, P. A. by Benjamin Weiner, Harriet Derman, New Brunswick, N. J., for defendants Kin-Buc, Inc., Scientific, Inc., Wastequid, Inc., Filcrest Realty, Inc., and Inmar Associates, Inc.

Budd, Larner, Kent, Gross, Picillo & Rosenbaum by Dennis M. Reznick, Newark, N. J., for defendants Earthline Co., Anthony Gaess, SCA Services, Inc., and SCA Services of Passaic, Inc.

Edward J. Egan, Scotch Plains, N. J., for defendants Marvin H. Mahan and Robert J. Meagher.

OPINION

CLARKSON S. FISHER, Chief Judge.

This is a motion brought by defendants for summary judgment dismissing plaintiff's sixty-ninth cause of action seeking damages under the federal common law of nuisance for air pollution. For reasons stated herein, the motion is granted.

Kin-Buc Landfill in Edison, New Jersey, was operated as a disposal site for solid and liquid municipal, industrial and chemical wastes. These wastes were received from over...

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