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U.S. v. CITY OF ABERDEEN, MISSISSIPPI

Civil Action No. 1:94CV304-S-D.

929 F.Supp. 989 (1996)

UNITED STATES of America, Plaintiff, v. CITY OF ABERDEEN, MISSISSIPPI; and Board of Supervisors of Monroe County, Mississippi, Defendants, v. UNITED STATES of America, and United States Environmental Protection Agency, an agency of the United States of America, Counter Defendants, v. VERTAC CHEMICAL CORPORATION and Mississippi Department of Environmental Quality, Third-Party Defendants.

United States District Court, N.D. Mississippi, Eastern Division.

June 19, 1996.

Attorney(s) appearing for the Case

Jim Ming Greenlee, U.S. Attorney's Office, Oxford, MS, Lori Jonas, J. Michael Rockett, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Jon M. Lipshultz, U.S. Department of Justice, Environmental Defense Section, Environment & Natural Resources Division, Washington, DC, for plaintiff.

J. Lawson Hester, Crosthwait Terney, Jackson, MS, for City of Aberdeen, Mississippi and Board of Supervisors of Monroe County, Mississippi.

Jon M. Lipshultz, U.S. Department of Justice, Environmental Defense Section, Environment & Natural Resources Division, Washington, DC, for United States Environmental Protection Agency.

Rickey T. Moore, Mississippi Attorney General's Office, Jackson, MS, Roy H. Furrh, Mississippi Department of Environmental Quality, Jackson, MS, for The Mississippi Department of Environmental Quality.

Robert R. Ross, Arnold, Grobmyer & Haley, Little Rock, AR, for Vertac Chemical Corporation.

MEMORANDUM OPINION GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO THE STATUTE OF LIMITATIONS

SENTER, Chief Judge.

This lawsuit is an action to recover the cost associated with the removal and disposal of hazardous waste from the Prairie Metals Site. The cause of action is before the court on the cross-motions of the plaintiff and defendants for summary judgment as to whether the case was filed within three years of the completion of that removal...

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