Frank J. KELLEY, Attorney General of the State of Michigan, ex rel., MICHIGAN NATURAL RESOURCES COMMISSION, Michigan Water Resources Commission, and Gordon E. Guyer, Director of the Michigan Department of Natural Resources, Plaintiffs,
v.
ARCO INDUSTRIES CORPORATION, Frederick C. Matthaei, Jr., and Robert P. Ferguson, Defendants.
United States District Court, W.D. Michigan.https://leagle.com/images/logo.png
February 9, 1989.
February 9, 1989.
Attorney(s) appearing for the Case
Frank J. Kelley, Atty. Gen. by Stanley F. Pruss, Asst. Atty. Gen., Environmental Protection Div., Lansing, Mich., for plaintiffs.
Varnum, Riddering, Schmidt & Howlet by Charles M. Denton, Grand Rapids, Mich., for Frederick C. Matthaei, Jr.
Honigman, Miller, Schwartz & Cohn by Jay E. Brant, Detroit, Mich., and Butler, Durham & Svikis by Sidney D. Durham, Parchment, Mich., for Arco Industries Corp.
Miller, Johnson, Snell & Cummiskey by Jon R. Muth, Grand Rapids, Mich., for Robert P. Ferguson.
Warner, Norcross & Judd by Douglas Wagner, Grand Rapids, Mich., for E.I. DuPont De Nemours and Co.
Early, Lennon, Fox, Thompson, Peters & Crocker by Gordon C. Miller and J. Richardson Johnson, Kalamazoo, Mich. and Quarles & Brady by Arthur A. Vogel, Jr., James F. Boyle and James Brody, Milwaukee, Wis., for Northwest Coatings Corp.
Miller, Canfield, Paddock and Stone by Robert VandeLaan, Grand Rapids, Mich., Goodwin, Proctor & Hoar by Paul F. Ware, Jr., Jeffrey Bates and Barbara Gruenthal, Boston, Mass. and Zarbock & Ford by James B. Ford, Kalamazoo, Mich., for Gen. Latex and Chemical Corp.
Landman, Latimer, Clink & Robb by Steven C. Kohl, Muskegon, Mich., for Drake's Fuel Service.
Gemrich, Moser, Bowser, Fette & Lohrmann by Alfred Gemrich, Kalamazoo, Mich., for Quality Films and Bar-Mo Metalcrafters.
Ford & Kriekard by Robert A. Soltis, Kalamazoo, Mich. and Linsey, Strain & Worsfold by Donald Worsfold, Grand Rapids, Mich., for Village of Schoolcraft.
Clary, Nantz, Wood, Hoffius by Mark R. Smith and Smith, Haughey, Rice & Roegge by Gary A. Rowe, Grand Rapids, Mich., for Grand Rapids Sash & Door.
Clark, Klein & Beaumont by Grant R. Trigger, Detroit, Mich., for Weiss Trucking Co.
Clark, Klein & Beaumont by Laurence Scoville, Detroit, Mich., for G-H Holdings of Detroit.
Touma, Watson, Nicholson, Whaling, Fletcher & Degrow by Gary A. Fletcher, Port Huron, Mich., for John A. Biewer Co.
United States District Court, W.D. Michigan.
OPINION
ENSLEN, District Judge.
This case is before the Court on defendants' motion to dismiss under Rule 12(b)(6) or in the alternative for Summary Judgment under Rule 56 of the Federal Rules of Civil Procedure. Defendants Frederick Matthaei, Jr. and Robert Ferguson ("defendants") are allegedly liable for environmental contamination as a result of conduct related to their positions as shareholders or officers...
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