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U.S. v. NORTHERNAIRE PLATING CO.

No. G84-1113 CA7.

670 F.Supp. 742 (1987)

UNITED STATES of America, Plaintiff, v. NORTHERNAIRE PLATING COMPANY, Willard S. Garwood and R.W. Meyer, Incorporated, Defendants. and R.W. MEYER, INCORPORATED, Defendant and Cross-Plaintiff, v. NORTHERNAIRE PLATING COMPANY and Willard S. Garwood, Cross-Defendants. and NORTHERNAIRE PLATING COMPANY and Willard S. Garwood, Defendants and Third-Party Plaintiffs, v. CITY OF CADILLAC, Third-Party Defendant.

United States District Court, W.D. Michigan, S.D.

April 30, 1987.

Attorney(s) appearing for the Case

Robert H. Oakley, Asst. Atty. Gen., Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., John A. Smietanka, U.S. Atty. (Joel M. Gross, Land and Natural Resources Div., Environmental Section, U.S. Dept. of Justice, Washington, D.C., of counsel), Babette J. Neuberger, Asst. Regional Counsel, U.S. E.P.A., Chicago, Ill., for the United States.

Smith Haughey, Rice & Roegge by L. Roland Roegge, John M. Kruis, Grand Rapids, Mich., for defendant R.W. Meyer, Inc.

Cholette, Perkins & Buchanan by Michael P. McCasey, Albert J. Engel, III, Grand Rapids, Mich., Susan E. Morrison, Siudara Rentrop Martin & Morrison, Bloomfield Hills, Mich., for Northernaire Plating and Willard S. Garwood.

Owen J. Cummings, Cummings McClorey David & Acho, P.C., Livonia, Mich., for third party defendants R.W. Meyer Inc. and City of Cadillac.

Robert P. Tremp, Traverse City, Mich., of counsel, for City of Cadillac.

OPINION ON MOTIONS

HILLMAN, Chief Judge.

Presently before this court are several matters upon which oral arguments were heard on Tuesday, March 24, 1987. The underlying action is a suit filed by the United States against Northernaire Plating Company ("Northernaire"), Willard S. Garwood ("Garwood") and R.W. Meyer, Inc. ("Meyer") which seeks to recover costs expended by the government in undertaking an "Immediate Removal Action." The action was taken to remove...

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