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N.J. DEPT. OF ENV. PROT. v. GLOUCESTER ENV. MGT.

Civ. A. No. 84-0152(SSB).

719 F.Supp. 325 (1989)

STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff, v. GLOUCESTER ENVIRONMENTAL MANAGEMENT SERVICES, INC., et al., Defendants. GLOUCESTER ENVIRONMENTAL MANAGEMENT SERVICES, INC., et al., Third-party Plaintiffs, v. TOWNSHIP OF GLOUCESTER, et al., Third-party Defendants. TOWNSHIP OF GLOUCESTER, Fourth-party Plaintiff, v. CITY AND COUNTY OF PHILADELPHIA, et al., Fourth-party Defendants. AMADEI SAND & GRAVEL, INC., et al., Plaintiffs, v. STATE OF NEW JERSEY, et al., Defendants. ICI AMERICAS, INC., et al., Plaintiffs, v. STATE OF NEW JERSEY, et al., Defendants.

United States District Court, D. New Jersey.

August 17, 1989.

Attorney(s) appearing for the Case

Peter N. Perretti, Jr., Atty. Gen. of New Jersey by Richard V. Engel, R. Brian McLaughlin, Deputy Attys. Gen., Dept. of Law and Public Safety, Trenton, N.J., for defendant New Jersey Dept. of Environmental Protection.

H. Curtis Meanor, Podvey, Sachs, Meanor & Catenacci, Newark, N.J. and Norman W. Bernstein, Jenner & Block, Chicago, Ill., for defendants Ford New Holland, Inc., and Sperry Corp.

John F. Lynch, Jr., Carpenter, Bennett & Morrissey, Newark, N.J., Liaison Counsel for Alleged Generator defendants.

Jeffrey P. Heppard, Parker, McCay & Criscoulo, Marlton, N.J., Liaison Counsel for Alleged Operator defendants and for defendant Gloucester Environmental Management Services, Inc.

James C. Orr, Wilson, Elser, Moskowitz, Edelman & Dicker, Newark, N.J., Liaison Counsel for Alleged Transporter defendants.

John S. Fitzpatrick, Haggerty & Donohue, Summit, N.J., Liaison Counsel for the defendant Municipalities.

William S. Greenberg, Sills Cummis Zuckerman Radin Tischman Epstein & Gross, Princeton, N.J., for defendant Tp. of Gloucester.

OPINION

BROTMAN, District Judge.

Presently before the court is the motion of defendants Ford New Holland, Inc., and Sperry Corporation ("the New Holland defendants") to dismiss plaintiff New Jersey Department of Environmental Protection's ("DEP") claims against them for lack of subject matter jurisdiction. DEP alleges that those defendants generated toxic waste dumped at a Gloucester Township, New Jersey, landfill. Although the thrust of the New Holland...

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