KELLEY v. THOMAS SOLVENT CO.

Nos. K-86-164; K-86-167.

717 F.Supp. 507 (1989)

Frank J. KELLEY, Attorney General of the State of Michigan, and the State of Michigan, Plaintiffs, v. THOMAS SOLVENT COMPANY, Thomas Development, Inc., Thomas Solvent Company of Detroit, Inc., Thomas Solvent Company of Muskegon, Inc., Thomas Solvent, Inc. of Indiana, TSC Transportation, Inc., Richard E. Thomas, and Grand Trunk Western Railroad Company, Defendants. GRAND TRUNK WESTERN RAILROAD COMPANY, Counter Plaintiff, v. Frank J. KELLEY, Attorney General of the State of Michigan, and the State of Michigan, Counter Defendants. GRAND TRUNK WESTERN RAILROAD COMPANY, Cross Plaintiff, v. THOMAS SOLVENT COMPANY, Thomas Development, Inc., Thomas Solvent Company of Detroit, Inc., Thomas Solvent Company of Muskegon, Inc., Thomas Solvent, Inc. of Indiana, TSC Transportation, Inc., and Richard E. Thomas, Cross Defendants (Two Cases). THOMAS SOLVENT COMPANY and Richard Thomas, Counter Plaintiffs, v. GRAND TRUNK WESTERN RAILROAD COMPANY, Counter Defendant (Two Cases). GRAND TRUNK WESTERN RAILROAD COMPANY, Third-Party Plaintiff, v. Richard E. THOMAS, as Trustee of The Richard E. Thomas Living Trust, The Richard E. Thomas Living Trust, and Letha Thomas, Third-Party Defendants (Two Cases). UNITED STATES of America, Plaintiff, v. THOMAS SOLVENT COMPANY, Thomas Development, Inc., Thomas Solvent Company of Detroit, Inc., Thomas Solvent Company of Muskegon, Inc., Thomas Solvent, Inc. of Indiana, TSC Transportation Company, Richard E. Thomas, and Grand Trunk Western Railroad Company, Defendants.

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

June 5, 1989.


Attorney(s) appearing for the Case

John S. Smietanka, U.S. Atty. by Julie Ann Woods, Asst. U.S. Atty. Grand Rapids, Mich., Joel M. Gross, and Steven J. Willey, Environmental Enforcement Section, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for the U.S. (Roger Grimes, Asst. Regional Counsel, U.S.E.P.A., Chicago, Ill., and Jessie A. Goldfarb, U.S.E.P.A., Office of Enforcement & Compliance Monitoring, Washington, D.C., of counsel).

Foster, Swift, Collins & Coey, P.C. by Charles E. Barbieri and John L. Collins, Lansing, Mich., for defendants, Thomas Solvent Co. and Richard E. Thomas.

Sullivan, Hamilton & Schulz by James M. Sullivan, Battle Creek, Mich., for defendants, Thomas Development, Inc., Thomas Solvent Co. of Detroit, Inc., Thomas Solvent Co. of Muskegon, Inc., Thomas Solvent, Inc. of Indiana and TSC Transp. Co.

Bodman, Longley & Dahling by Fredrick J. Dindoffer and R. Craig Hupp, and Mary P. Sclawy, Detroit, Mich., for defendant, Grand Trunk Western R. Co.

Bremer, Wade, Nelson & Alt, by Michael D. Wade, Grand Rapids, Mich., for Great American Surplus Lines Ins. Co., intervening non-party and non-participant.

Frank J. Kelley, Atty. Gen. by Robert P. Reichel, Asst. Atty. Gen., Environmental Protection Div., Lansing, Mich., for the State of Mich.


OPINION

ENSLEN, District Judge.

Plaintiffs, the United States and the State of Michigan, move this Court for entry of a partial consent decree with defendant Grand Trunk Western Railroad Company ("Grand Trunk"). Grand Trunk concurs in the motion and requests that the consent decree be entered. Responding to plaintiffs' motion as well is a group of approximately ninety corporations who have been permitted to submit an amici curiae brief on this motion. The...

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