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ELF ATOCHEM NORTH AMERICA, INC. v. U.S.

Civ. A. No. 92-7458.

868 F.Supp. 707 (1994)

ELF ATOCHEM NORTH AMERICA, INC. v. UNITED STATES of America.

United States District Court, E.D. Pennsylvania.

September 22, 1994.

Attorney(s) appearing for the Case

Michael A. Bogdonoff, William J. Kennedy, Frederick G. Herold, Eli R. Brill, Dechert, Price and Rhoads, Philadelphia, PA, for Elf Atochem North America, Inc.

Mark R. Kmetz, U.S. Attorney's Office, Philadelphia, PA, Brud Rossman, U.S. Dept. of Justice, Environmental Defense Section, Timothy Burns, U.S. Dept. of Justice, Environmental & Natural Resources Div., Jonathan A. Marks, U.S. Dept. of Justice, Environmental Enforcement Section, Washington, DC, for the U.S.

Brud Rossmann, U.S. Dept. of Justice, Environmental Defense Section, Timothy Burns, U.S. Dept. of Justice, Environmental & Natural Resources Div., Washington, DC, for U.S. Dept. of Commerce, Gen. Services Admin., U.S. Dept. of Defense, U.S. Dept. of Army.

Brud Rossmann, U.S. Dept. of Justice, Environmental Defense Section, Washington, DC, for Barbara Franklin, Richard G. Austin and Dick Cheney.

Michael R. Lazerwitz, Charles F. Lettow, Christopher G. Smith, Cleary, Gottlieb, Steen & Hamilton, Washington, DC, for Witco Corp.

MEMORANDUM

JOYNER, District Judge.

Plaintiff, Elf Atochem North America Inc. (Elf),1 seeks partial summary judgment and declaratory judgment on the issue of the United States' liability as an owner under section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. §§ 9601-75 (1983 & Supp.1994) (CERCLA).

Elf's claim against the United States is based on business...

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