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STATE OF CALIFORNIA v. CELTOR CHEMICAL CORP.

No. C93-0642 FMS.

901 F.Supp. 1481 (1995)

STATE OF CALIFORNIA, ON BEHALF OF the CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL; the Hazardous Substance Cleanup Fund, Plaintiffs, v. CELTOR CHEMICAL CORPORATION also known as MCB Systems, Inc., and Carmelo C. Celestre, Defendants.

United States District Court, N.D. California.

February 21, 1995.

Attorney(s) appearing for the Case

Theodora Berger, Ken Alex, CA Attorney General's Office, Oakland, CA, Daniel E. Lungren, CA Attorney Gen., CA State Atty General's Office, San Francisco, CA, William N. Brieger, CA State Atty General, Sacramento, CA, for plaintiffs.

Kenneth E. Keller, Bronson Bronson & McKinnon, San Francisco, CA, Robert A. Nebrig, Carr McClellan Ingersoll Thompson & Horn, Burlingame, CA, Brian J. O'Grady, Gazzera London Smith & Cruz, Mountain View, CA, for defendants and third-party plaintiff.

AMENDED* ORDER DENYING MOTION FOR SUMMARY JUDGMENT

FERN M. SMITH, District Judge.

ISSUES

This motion for summary judgment requires the Court to decide whether: (1) a genuine issue of material fact exists as to whether defendant is an "operator" liable under the Federal Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") and the California Hazardous...

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