MATTER OF CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC

No. 77 B 8999.

130 B.R. 521 (1991)

In the Matter of CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Debtor.

United States District Court, N.D. Illinois, E.D.

August 2, 1991.


Attorney(s) appearing for the Case

Jerold S. Solovy, Daniel R. Murray, Robert L. Graham, Michael T. Brody and Diane I. Bonina of Jenner & Block, Chicago, Ill., for CMC Heartland Partners.

Arthur A. Vogel, Jr., William H. Harbeck and Roy L. Prange, Jr. of Quarles & Brady, Milwaukee, Wis., for General Motors Corp.

Richard B. Stewart, Asst. Atty. Gen., Environment & Natural Resources Div., U.S. Dept. of Justice, Joel M. Gross, Barbara A. Rogers and Thomas Giller of Environmental Enforcement Section of U.S. Dept. of Justice, Glen Freyer, Environmental Defense Section of U.S. Dept. of Justice, Washington, D.C., Fred Forman, U.S. Atty., N.D. Illinois, Joel R. Nathan, Asst. U.S. Atty. (Thomas Kenney, U.S.E.P.A. Region V, Office of Regional Counsel and Jon Averback, U.S.E.P.A., Office of Gen. Counsel, of counsel), for U.S.


MEMORANDUM AND ORDER

LINDBERG, District Judge.

On May 6, 1991, the United States, through its Environmental Protection Agency ("EPA") issued an order pursuant to section 106 of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9606 (1990), which required CMC Heartland Partners ("CMC") to perform certain remedial activities at the Wheeler Pit site. The site, presently owned by CMC, is a landfill in Wisconsin...

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