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U.S. v. KRAMER

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

953 F.Supp. 592 (1997)

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.

January 29, 1997.

Attorney(s) appearing for the Case

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

William H. Hyatt, Jr., David W. Payne, Pitney, Hardin, Kipp & Szuch, Morristown, NJ, for Direct Defendants.

Glenn A. Harris, Levin & Hluchan, Voorhees, NJ, for Defendant Elf Atochem North America, Inc.

Robert B. McKinstry, Jr., Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, for Third-Party Defendant Municipalities.

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

Jonathan Eron, Thatcher, Lonabaugh, Thatcher & Passarella, Runnemede, NJ, for Third-Party Defendant Transporters.

John F. Strazzullo, Fairway Oaks, Pennsauken, NJ, for Third-Party Defendants G & S, Inc., G & S Co., and Thomas Gola.

Joseph A. Manfredi, Hartlaub, Dotten, Connelly, Terry, Townsend & Manfredi, Summit, NJ, for Defendant Albert J. Mitchell.

OPINION

SIMANDLE, District Judge:

Presently before the court in this Super-fund cost-recovery action is a motion in limine brought by certain of the direct defendants in this case1 ("Direct Defendants"). The Direct Defendants' motion asks the court to resolve the following issue of law prior to the commencement of trial in this case:

Whether, as a matter of law, the orphan share of responsibility for response...

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