EAGLE-PICHER INDUSTRIES, INC. v. U.S.

Civ. A. No. 85-4846.

657 F.Supp. 803 (1987)

EAGLE-PICHER INDUSTRIES, INC. v. UNITED STATES of America.

United States District Court, E.D. Pennsylvania.

March 18, 1987.


Attorney(s) appearing for the Case

Joe G. Hollingsworth, Edward M. Fogarty, Gary I. Rubin, Washington, D.C., Barbara Pennell, Philadelphia, Pa., for plaintiff.

Richard K. Willard, Asst. Atty. Gen., Edward S.G. Dennis, Jr., U.S. Atty., J. Patrick Glynn, Director, Harold J. Engel, Deputy Director, Joseph B. Cox, Jr., Asst. Director, David S. Fishback, Trial Atty., Torts Branch, Civ. Div., Robert N. Kelly, Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for U.S.


LOUIS H. POLLAK, District Judge.

This is a suit against the United States brought by Eagle-Picher Industries, Inc., under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq. Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, the United States has moved to dismiss for failure to state a claim on which relief can be granted. In the alternative — i.e., in the event that its Rule 12(b)(6) motion is denied—the United States...

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