U.S. v. CAROLAWN CO., INC.

Civ. A. No. 83-2162-0.

698 F.Supp. 616 (1987)

UNITED STATES of America, Plaintiff, v. CAROLAWN COMPANY, INC., et al., Defendants. DART INDUSTRIES, INC., General Electric Company, and Keer Glass Manufacturing Corporation, Defendants and Third Party Plaintiffs, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Third Party Defendant.

United States District Court, D. South Carolina, Columbia Division.

April 30, 1987.


Attorney(s) appearing for the Case

Roger J. Marzulla, Asst. Atty. Gen., Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Vinton D. Lide, U.S. Atty., John B. Grimball, Asst. U.S. Atty., Columbia, S.C., Quentin C. Pair, Scott C. Fulton, U.S. Dept. of Justice, Land and Natural Resources Div., Environmental Enforcement Section, Washington, D.C., Barry Allen, Asst. Regional Counsel, U.S. E.P.A., Region 4, Atlanta, Ga., Robert Homiak, Office of Enforcement Counsel, U.S.E.P.A., Washington, D.C., for plaintiff U.S.

Melvin E. Nunnery, Nunnery & Associates, Columbia, S.C., for Carolawn Co., defendant.

Charles H. Tisdale, Jr., King & Spalding, Atlanta, Ga., for Dart Industries, Inc.

Norman A. Varney, Jr., Fairfield, Conn., for General Elec. Co.

Robert J. Kheel, New York City, for Kerr Glass Mfg. Corp.

Julius W. McKay, McKay & Guerard, P.A., Columbia, S.C., for Dart Industries, Inc., General Elec. Co., and Kerr Glass Mfg. Corp. defendants and third-party plaintiffs.

Jacquelyn S. Dickman, Asst. General Counsel, South Carolina Dept. of Health and Environmental Control, Columbia, S.C., for third party defendant.


ORDER

PERRY, District Judge.

This matter is before the Court on motions by the third party defendant, South Carolina Department of Health and Environmental Control (DHEC), to dismiss claims asserted against it under the third party complaint or for judgment on the pleadings under Rule 12(c) Federal Rules of Civil Procedure and a motion by Dart Industries, Inc. (Dart), General Electric Company (GE) and Kerr Glass...

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