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U.S. v. SOLAR TURBINES, INC.

Civ. A. No. 88-0924.

732 F.Supp. 535 (1989)

UNITED STATES of America, Plaintiff, v. SOLAR TURBINES, INC., Defendant.

United States District Court, M.D. Pennsylvania.

November 28, 1989.

Attorney(s) appearing for the Case

Robert J. DeSousa, U.S. Attorney's Office, Scranton, Pa., Ralph H. Lendeman, U.S. Dept. of Justice, Land & Natural Resources, David Novello, Office of E.P.A., Washington, D.C., and Leslie Anne Guinan, Office of Regional Counsel, U.S. E.P.A., Philadelphia, Pa., for plaintiff.

Terry R. Bossert, McNees, Wallace & Nurick, Harrisburg, Pa., and Scott M. Turner and Harold A. Kurland, Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., for defendant.

MEMORANDUM

RAMBO, District Judge.

This is a civil enforcement action by the United States at the request of the Environmental Protection Agency (EPA) under the Clean Air Act (CAA), sections 113(b) and 167, 42 U.S.C.S. §§ 7413(b), 7477 (Law. Co-op.1989) against Solar Turbines, Inc. (Solar). Subject matter jurisdiction exists under those Act sections and 28 U.S.C. sections 1331, 1345, and 1355. Both parties have moved for summary judgment pursuant...

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