AUTO-ION LITIGATION GROUP v. AUTO-ION CHEMICALS

No. 4:92-CV-133.

910 F.Supp. 328 (1994)

AUTO-ION LITIGATION GROUP, et al., Plaintiffs, v. AUTO-ION CHEMICALS, et al., Defendants. WESTINGHOUSE ELECTRIC CORPORATION, Counter-Plaintiff, v. AUTO-ION LITIGATION GROUP, Brunswick Corporation, Dana Corporation, et al., Counter-Defendants. The CITY OF KALAMAZOO, Defendant and Third-Party Plaintiff, v. STATE OF MICHIGAN and Michigan Department of Natural Resources, Third-Party Defendants.

United States District Court, W.D. Michigan, Southern Division.

April 15, 1994.


Attorney(s) appearing for the Case

John R. LaParl, Jr., Smith, LaParl & Mequio, Portage, MI, John D. Willey, Jr., Robert J. Gilmer, Jr., Eastman & Smith, Toledo, OH, for Auto-Ion Litigation Group, Brunswick Corporation, Dana Corporation, Faultless Caster Company, Lear Plastics Corporation, United Technologies Automotive Systems, Inc.

Steven C. Kohl, Howard & Howard, PC, Bloomfield Hills, MI, Robert H. Cinabro, Office of City Attorney, Kalamazoo, MI, for City of Kalamazoo.

James P. Fenton, Kathleen M. Anderson, Barrett & McNagny, Fort Wayne, IN, for Acme National Heat Treating Company fka National Heat Treating, Inc.

Michael L. Shiparski, Asst. U.S. Attorney, Michael H. Dettmer, United States Attorney, Grand Rapids, MI, David M. Thompson, U.S. Department of Justice, Environment & Natural Resources Division, Environmental Enforcement Section, Washington, DC, for U.S. Navy.

Teresa S. Decker, George B. Davis, Varnum, Riddering, Schmidt & Howlett, Grand Rapids, MI, for Spaulding & Evenflo Companies, Inc. fdba Muskegon Piston Ring.

Jean Leslie Doyle, Laurence Alan McHugh, Barnes & Thornburg, South Bend, IN, Steven L. Skahn, Grand Rapids, MI, for Indiana Steel & Wire Company.

Jan D. Feldman, Pope, Cahill & Devine, Ltd., Chicago, IL, for Westinghouse Electric Company.

Buckeye Products Corporation, Adrian, MI, pro se.

Stanley F. Pruss, Asst. Atty. General, Frank J. Kelley, Attorney General, Natural Resources Division, Lansing, MI, for State of Michigan, Michigan Dept. of Natural Resources.


OPINION RE THIRD-PARTY DEFENDANTS' MOTION TO DISMISS

HILLMAN, Senior District Judge.

This civil action involves claims made pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). 42 U.S.C. § 9601, et seq. Presently before the court is third party defendants', State of Michigan and Michigan Department of Natural Resources (the State), motion to dismiss the complaint filed by third party plaintiff...

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