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BARMET ALUMINUM CORP. v. THOMAS

No. 88-0173-0(BM).

730 F.Supp. 771 (1990)

BARMET ALUMINUM CORPORATION, Plaintiff, v. Lee M. THOMAS, as Administrator of the United States Environmental Protection Agency, et al., Defendants.

United States District Court, W.D. Kentucky, Owensboro Division.

February 20, 1990.

Attorney(s) appearing for the Case

David L. Yewell, Rummage, Kamuf, Yewell, Pace & Condon, Owensboro, Ky., for Barmet Aluminum Corp.

Richard A. Dennis, Asst. U.S. Atty., Louisville, Ky., and Judith E. Moverman, U.S. E.P.A., Region IV, Atlanta, Ga., for Lee M. Thomas and Greer Tidwell.

Robert J. Ehrler, Dept. of Law, Frankfort, Ky., for Carl Bradley.

MEMORANDUM

BOYCE F. MARTIN, Jr., Circuit Judge, Sitting by Designation.

Barmet Aluminum Corporation has brought this action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601-9675 (as amended by the Superfund Amendments and Reauthorization Act of 1986, Pub.L. No. 99-499, 100 Stat. 1613 et seq. (1986)), more commonly known as the Superfund Act. The defendants have filed motions to dismiss...

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