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STATE OF WASH. v. U.S.

No. C94-5326FDB, C94-5518FDB.

930 F.Supp. 474 (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, Tacoma.

June 21, 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.

Ricardo A. Guarnero, U.S. Attorney's Office, Seattle, WA, Richard David Mednick, Regional Cnsl., U.S. Environmental Protection Agency, Seattle, WA, 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, Lewis M. Barr, U.S. Department of Justice, Environmental Defense Section, Washington, DC, for U.S.

Ricardo A. Guarnerc, U.S. Attys. 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 SUSTAINING OBJECTIONS TO R & R of FEBRUARY 26, 1996

BURGESS, District Judge.

This matter comes before the court upon the United States' objections to the Magistrate Judge's Report and Recommendation concerning the United States' motions for summary judgment on the issues of (1) PACCAR's liability as a successor to each of the three companies that operated Eagle Harbor shipyard before PACCAR, and (2) the United States' liability as an "operator...

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