D'IMPERIO v. UNITED STATES

Civ. A. No. 83-1369.

575 F.Supp. 248 (1983)

Dr. Francesco D'IMPERIO and Quinton D'Imperio, Plaintiffs, v. UNITED STATES of America, Motel Dennis, Inc., John J. D'Andrea, Ronald Phelps, Calt, Inc., and John Doe and Richard Roe, unknown persons, Defendants.

United States District Court, D. New Jersey.

December 1, 1983.


Attorney(s) appearing for the Case

Marion Percell, Lowenstein, Sandler, Brochin, Kohl, Fisher, Boyland & Meanor, Roseland, N.J., for plaintiffs.

Ronald H. Clark, Asst. U.S. Atty., Newark, N.J., John C. Hammock, Environmental Defense Section, Land and Natural Resources Division, U.S. Dept. of Justice, Dov Weitman, Environmental Protection Agency, Washington, D.C., for defendant, United States of America.

Thomas P. Foy, Hartman, Schlesinger, Schlosser & Foy, Mount Holly, N.J., for defendants, Motel Dennis, Inc. and John J. D'Andrea.


OPINION

GERRY, District Judge.

The plaintiffs in this case are seeking a declaratory judgment to the effect that they are not liable for hazardous substance cleanup costs under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9607. Further, they seek a declaration that if they contribute to the cost of cleanup, their actions are compensable under § 9607(a)(4)(B). Finally, they wish to enjoin the United...

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