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MATLACK, INC. v. U.S., E.P.A.

Civ. A. No. 94-156-JLL.

868 F.Supp. 627 (1994)

MATLACK, INC., a Pennsylvania corporation qualified to do business in Delaware, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, an agency of the United States Government, Defendant.

United States District Court, D. Delaware.

November 15, 1994.

Attorney(s) appearing for the Case

Allen M. Terrell, Jr., Frederick L. Cottrell III, and Francis DiGiovanni of Richards, Layton & Finger, Wilmington, DE, and Baker, Worthington, Crossley, Stansberry & Woolf, Knoxville, TN, of counsel, for plaintiff.

Gregory M. Sleet, U.S. Atty., and Patricia C. Hannigan, Asst. U.S. Atty., Wilmington, DE, and Alan D. Margolis, Office of General Counsel, Washington, DC, and Sherry L. Estes, Office of Regional Counsel, Region V, Chicago, IL, for defendant.

OPINION

LATCHUM, Senior District Judge.

I. Procedural History

On August 12, 1993, the plaintiff, Matlack, Inc. ("Matlack"), through its Vice President — General Counsel, Klaus M. Belohoubek, received from the Environmental Protection Agency ("EPA"), a Request for Information ("EPA Request") pursuant to section 104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub.L. No. 96-510, 94...

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