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U.S. v. M. GENZALE PLATING, INC.

No. CV 89-2992.

807 F.Supp. 937 (1992)

UNITED STATES of America, Plaintiff, v. M. GENZALE PLATING, INC., Michael J. Genzale, and Pasquale Genzale, Defendants.

United States District Court, E.D. New York.

November 24, 1992.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., E.D.N.Y., Brooklyn, NY, Lisa M. Burianek, Sp. Asst. U.S. Atty., Arthur P. Hui, Asst. U.S. Atty., James F. Doyle, Asst. Regional Counsel, Office of Regional Counsel, U.S. E.P.A. — Region II, New York City, for plaintiff.

Pasquale Genzale, pro se.

MEMORANDUM OF DECISION AND ORDER

MISHLER, District Judge.

BACKGROUND

On August 3, 1989, the Environmental Protection Agency ("EPA") issued an Administrative Order (Index No. II CERCLA-90222, effective August 25, 1989) pursuant to its power under section 104 of CERCLA, 42 U.S.C. § 9604(e)(5)(A), directing that Genzale Plating, Inc. ("Genzale") comply with the EPA's request for access.

On October 13, 1989, this Court found that the EPA...

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