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CITIZENS FOR A BETTER ENVIRONMENT v. CATERPILLAR

No. 95-1229.

30 F.Supp.2d 1053 (1998)

CITIZENS FOR A BETTER ENVIRONMENT, Plaintiff, v. CATERPILLAR, INC., Defendant.

United States District Court, C.D. Illinois.

November 13, 1998.

Attorney(s) appearing for the Case

Stefan A. Noe, Citizens for a Better Environment, Chicago, IL, James D. Brusslan, Chicago, IL, for Citizens for a Better Environment, plaintiff.

Percy L. Angelo, Russell R. Eggert, Michael P. Rissman, Mayer Brown & Platt, Chicago, IL, David E. Howe, Caterpillar, Inc., Peoria, IL, for Caterpillar, Inc, defendant.

ORDER

MIHM, Chief Judge.

This matter comes before the Court on the parties' cross-motions for summary judgment. In its Motion for Summary Judgment, Plaintiff, Citizens for a Better Environment ("CBE"), seeks to have this Court declare as a matter of law that Defendant, Caterpillar, Inc. ("Caterpillar"), possesses a dump site that may present an imminent and substantial endangerment to health or the environment under 42 U.S.C. § 6972(a)(1)(B)...

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