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UNITED STATES v. ILCO, INC.

No. CV85-H-823-S, Bankruptcy No. BK-82-04836-S.

48 B.R. 1016 (1985)

UNITED STATES of America, Plaintiff, State of Alabama, ex rel. Charles A. Graddick, Attorney General, and the Alabama Department of Environmental Management, Intervening Plaintiffs, v. ILCO, INC., a/k/a Interstate Lead Company, Inc.; Leeds Excavating & Paving Co., Inc.; Diego Maffei; William Fleming and Annie Bell Fleming; Defendants. In re ILCO, INC., Debtor.

United States District Court, N.D. Alabama, S.D.

May 10, 1985.

Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty., George C. Batcheler, Asst. U.S. Atty., Birmingham, Ala., F. Henry Habicht II, Asst. Atty. Gen., Scott C. Fulton, Environmental Enforcement Section, Land and Natural Resources Div., U.S. Dept. of Justice, Douglas Greenhaus, U.S.E.P.A., Washington, D.C., Keith Casto, Region IV, U.S.E.P.A., Atlanta, Ga., for plaintiff.

Donald B. Sweeney, Jr., Rives & Peterson, Birmingham, Ala., for Leeds Excavating & Paving Co.

James E. Hill, Jr., Leeds, Ala., for William & Annie Bell Fleming.

Jack E. Held/Charles R. Driggars, Sirote Permutt Friend Friedman Held Apolinsk, Birmingham, Ala., for ILCO, Inc., and Maffei.

Charles A. Graddick, Atty. Gen., David A. Ludder, Asst. Atty. Gen., Ala. Dept. of Environmental Management Office of Gen. Counsel, Montgomery, Ala., for Non-parties, State of Ala. and the Ala. Dept. of Environmental Management, Proposed plaintiff intevenors.

ORDER

HANCOCK, District Judge.

On March 18, 1985, plaintiff United States of America (U.S.) filed a complaint against: (1) ILCO, Inc., a/k/a Interstate Lead Company, Inc. (ILCO)—the owner and operator of a secondary lead smelting and lead battery recycling facility in Leeds, Alabama, and also is the debtor in an ongoing Chapter 11 bankruptcy proceeding styled In Re ILCO, Inc., BK-82-04836-S, which proceeding was commenced in the bankruptcy...

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