MANVILLE CORP. v. U.S.

No. 91 Civ. 6683 (RWS).

139 B.R. 97 (1992)

MANVILLE CORPORATION, Manville Sales Corporation (f/k/a Johns-Manville Sales Corporation), Plaintiffs, v. UNITED STATES of America, Defendant.

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

As Amended April 8, 1992.


Attorney(s) appearing for the Case

Davis Polk & Wardwell (Lowell Gordon Harriss, of counsel), Kaye, Scholer, Fierman, Hays & Handler, New York City, for plaintiffs.

Otto G. Obermaier, U.S. Atty., S.D.N.Y. (Edward A. Smith, Paula T. Dow, Paul K. Milmed, Asst. U.S. Attys., Daniel Pinkston, Trial Atty., Environmental Defense Section U.S. Dept. of Justice, of counsel), New York City, for the U.S.


OPINION

SWEET, District Judge.

Defendant United States of America (the "Government") has moved for an order dismissing the declaratory judgment action brought by the Manville Corporation and the Manville Sales Corporation (collectively "Manville") on the ground that Manville's complaint is not yet ripe for adjudication. For the reasons set forth below, the Government's motion is denied.

Prior Proceedings1

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