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U.S. (EPA) v. ENVIRONMENTAL WASTE CONTROL, INC.

No. S87-55.

698 F.Supp. 1422 (1988)

UNITED STATES of America (EPA) and Stop, Inc., Plaintiffs, v. ENVIRONMENTAL WASTE CONTROL, INC., et al., Defendants.

United States District Court, N.D. Indiana, South Bend Division.

October 26, 1988.

Attorney(s) appearing for the Case

Robert H. Oakley, F. Henry Habicht, U.S. Dept. of Justice, Environmental Enforcement Section, Anna Thode, U.S.E. P.A., Washington, D.C., Victor A. Franklin, U.S.E.P.A., Region V, Chicago, Ill., Andrew B. Baker, Jr., Asst. U.S. Atty., Hammond, Ind., for plaintiffs.

George W. Pendygraft, George Plews, Indianapolis, Ind., James H. Pankow, South Bend, Ind., for defendants.

MEMORANDUM AND ORDER

MILLER, District Judge.

This cause is before the court on several motions for summary judgment and a motion to dismiss certain claims brought by the intervenors. The court concludes that, with respect to most of the summary judgment motions, issues of fact must be resolved at trial. The court cannot decide at this stage of the litigation whether defendant Steven Shambaugh is an "operator" of a hazardous waste site or whether defendant...

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