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EMPLOYERS INS. OF WAUSAU v. U.S.

No. 93-3592.

27 F.3d 245 (1994)

EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 10, 1994.

Attorney(s) appearing for the Case

Daniel C. Murray, Frederick S. Mueller, William J. Anaya, Johnson & Bell, Chicago, IL, and Robert M. Wattson (argued), Sandra Wallace, and David C. Linder, Zelle & Larson, Minneapolis, MN, for plaintiff-appellant.

Phyllis J. Pyles, Joseph N. Kaster (argued), Dept. of Justice, Torts Branch, Civ. Div., Washington, DC, and James M. Kuhn, Asst. U.S. Atty., Office of the U.S. Atty., Chicago, IL, for defendant-appellee.

Before BAUER, FLAUM, and RIPPLE, Circuit Judges.

BAUER, Circuit Judge.

There is something unusual about this case. The Environmental Protection Agency ("EPA") ordered an insurance company, the Employers Insurance of Wausau a Mutual Company ("Employers"), to clean up hazardous materials. Employers protested at first, but eventually complied. It then challenged the EPA's actions via the ordinary process of review: first, it petitioned the EPA for reimbursement of the money it spent in the cleanup; when the EPA denied...

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