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BETHLEHEM STEEL CORP. v. BUSH

No. 89-3411.

918 F.2d 1323 (1990)

BETHLEHEM STEEL CORPORATION, Plaintiff-Appellant, v. George BUSH, in his capacity as President of the United States of America; William K. Reilly, in his capacity as Administrator of the United States Environmental Protection Agency; and the United States Environmental Protection Agency, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 28, 1990.

Attorney(s) appearing for the Case

Bryan G. Tabler, Barbara A. Fruehling, Mark E. Shere, Joan M. Heinz, Barnes & Thornburg, Indianapolis, Ind., for plaintiff-appellant.

Roger J. Marzulla, Asst. Atty. Gen., David C. Shilton and William B. Lazarus, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., Mary L. Fulghum, E.P.A., Region 5, Office of Regional Counsel, Chicago, Ill., Joseph Freedman, E.P.A., Washington, D.C., Robert Lefevre, Dept. of Justice, Environmental Defense Section, Washington, D.C., for defendants-appellees.

Before COFFEY, RIPPLE, and MANION, Circuit Judges.

RIPPLE, Circuit Judge.

Bethlehem Steel Corporation brought this action to recover money it expended as part of a Superfund cleanup. The district court granted the government's motion to dismiss with prejudice. 736 F.Supp. 945. Bethlehem appealed. We now affirm the judgment of the district court.

I

BACKGROUND

A. The Administrative Structure

The Comprehensive Environmental Response, Compensation...

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