U.S. v. KRAMER

Civil Nos. 89-4340 (JBS), 89-4380 (JBS).

913 F.Supp. 848 (1995)

UNITED STATES of America, Plaintiff, v. Helen KRAMER, et al., Defendants. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiffs, v. ALMO ANTI-POLLUTION SERVICES CORP., et al., Defendants.

United States District Court, D. New Jersey.

October 31, 1995.


Attorney(s) appearing for the Case

Deborah Reyher, Environmental Enforcement Section, Lands & Natural Resources Division, United States Department of Justice, Washington, DC, for United States.

Emerald E. Kuepper, Deputy Attorney General, Division of Law & Public Safety, Trenton, New Jersey, for State of New Jersey.

William H. Hyatt, Jr., Pitney, Hardin, Kipp & Szuch, Morristown, New Jersey, for Defendants.

Franklin J. Riesenburger, Vineland, New Jersey, for Third-Party Plaintiffs.

Jonathan Eron, Thatcher, Lonabaugh, Thatcher & Passarella, Runnemede, NJ, for Transporter Third-Party Defendants.

Robert B. McKinstry, Jr., Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pennsylvania, for Municipality Third-Party Defendants.

Kenneth Mack, Fox, Rothschild, O'Brien & Frankel, Lawrenceville, NJ, for Third-Party Generators.


OPINION

SIMANDLE, District Judge:

Presently before the court in this Superfund cost-recovery action is the motion in limine of the plaintiff United States to narrow issues for trial pursuant to Fed.R.Civ.P. 12(f), 16(c), and 57. The plaintiff asks this court to make two findings: 1) that it is the law of this case that defendants' arguments that costs are excessive, unreasonable, duplicative, not cost-effective, and improper do not allege inconsistency...

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