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STATE OF WASH. v. U.S.

Nos. C94-5326FDB, C94-5518FDB.

922 F.Supp. 421 (1996)

STATE OF WASHINGTON; and Paccar, Inc., Plaintiffs, v. UNITED STATES of America; United States Navy; United States Army; and United States Coastguard, Defendants. UNITED STATES of America, Plaintiff, v. STATE OF WASHINGTON and Paccar, Inc., Defendants.

United States District Court, W.D. Washington, at Tacoma.

March 7, 1996.

Attorney(s) appearing for the Case

Charles F. Secrest, Deborah Lee Cade, Attorney General's Office, Olympia, WA, for State of Washington.

William D. Maer, Kathryn Guillou, Ralph Palumbo, Heller, Ehrman, White & McAuliffe, Seattle, WA, for Paccar Inc.

James L. Nicoll, Jr., U.S. Department of Justice, Environmental Enforcement Section, Seattle, WA, Sean Kevin Carman, U.S. Department of Justice, Environmental Enforcement Section, Washington, DC, Ricardo A. Guarnero, U.S. Attorney's Office, Seattle, WA, Richard David Mednick, Regional Counsel, U.S. Environmental Protection Agency, Seattle, WA, Lewis M. Barr, U.S. Department of Justice, Environmental Defense Section, Washington, DC, for U.S.

Ricardo A. Guarnero, U.S. Attorney's Office, Seattle, WA, Lewis M. Barr, U.S. Dept. of Justice, Environmental Defense Section, Washington, DC, for United States Navy, United States Department of Army, United States Coast Guard.

ORDER ON REPORT & RECOMMENDATION RE SUMMARY JUDGMENT ON DIVISIBILITY OF HARM

BURGESS, District Judge.

BACKGROUND

This matter comes before the court upon the United States' objections to the Report and Recommendation on the State's and PACCAR's Motions for Summary Judgment on Divisibility of Harm. The State of Washington moved for an order dividing for all purposes, including allocation of liability and damages, the portion of the Wyckoff/Eagle...

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