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CITY OF BLOOMINGTON, IND. v. WESTINGHOUSE ELEC. CORP.

No. 88-2660.

891 F.2d 611 (1989)

CITY OF BLOOMINGTON, INDIANA, et al., Plaintiffs-Appellants, v. WESTINGHOUSE ELECTRIC CORPORATION, etc., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 6, 1989.

Rehearing and Rehearing Denied January 23, 1990.

Attorney(s) appearing for the Case

Joseph V. Karaganis (argued), A. Bruce White, Karaganis & White, Chicago, Ill., Geoffrey M. Grodner, Mallor, Grodner & Bohrer, James R. Trulock, II, Bloomington, Ind., for plaintiffs-appellants.

Joseph B. Carney, Baker & Daniels, Indianapolis, Ind., David R. Berz, Stanley M. Spracker, Weil, Gotshal & Manges, Washington, D.C., Bryan G. Tabler, Michael R. Fruehwald (argued), Stanley C. Fickle, Michael Rosiello, Barnes & Thornburg, Indianapolis, Ind., Anna Swerdel, Deborah J. Schmall, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before CUMMINGS, CUDAHY, and EASTERBROOK, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 23, 1990.

CUMMINGS, Circuit Judge.

In April 1981 the City of Bloomington, Indiana, and its Utilities Service Board (collectively "City") sued Westinghouse Electric Corporation for $149,000,000 damages and equitable relief alleging Westinghouse discharged waste containing polychlorinated biphenyls (PCBs) into Bloomington's sewers and into its Winston-Thomas Sewage Treatment Plant. In October 1981 the City filed...

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