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UNITED STATES v. UNITED NUCLEAR CORP.

Civ. 84-1409 BB.

610 F.Supp. 527 (1985)

UNITED STATES of America, Plaintiff, v. UNITED NUCLEAR CORPORATION, Defendant.

United States District Court, D. New Mexico.

April 18, 1985.

Attorney(s) appearing for the Case

Herbert A. Becker, Asst. U.S. Atty., Albuquerque, N.M., F. Henry Habicht, II, Asst. Atty. Gen., Lawrence R. Liebesman, George B. Henderson, Environmental Defense Section, U.S. Dept. of Justice, Land & Natural Resources Div., M. Elizabeth Cox, Office of Enforcement, Samuel I. Gutter, Office of Gen. Counsel, U.S. Environmental Protection Agency, Washington, D.C., James Turner Office of Regional Counsel, U.S. Environmental Protection Agency—Region VI, Dallas, Tex., for plaintiff.

Stephenson, Carpenter, Crout & Olmstead, Michael S. Yesley, Santa Fe, N.M., and Covington & Burling, Peter J. Nickles, Washington, D.C., for defendant.

MEMORANDUM OPINION AND ORDER

BALDOCK, District Judge.

THIS MATTER comes on for consideration of plaintiff's Motion to Dismiss Counterclaim, filed October 12, 1984. The court, having considered the memoranda submitted by the parties, the relevant law, and otherwise being advised fully in the premises, finds that the motion is well taken and should be granted.

The defendant, United Nuclear Corporation, owns and operated a uranium mining and milling...

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