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U.S. v. POWER ENGINEERING CO.

No. CIV.A. 97-B-1654.

125 F.Supp.2d 1050 (2000)

UNITED STATES of America, Plaintiff, v. POWER ENGINEERING COMPANY, Redoubt, Ltd. and Richard J. Lilienthal, Defendants.

United States District Court, D. Colorado.

November 24, 2000.

Attorney(s) appearing for the Case

Stephen D. Taylor, United States Attorney's Office, Civil Division, Denver, CO, John N. Moscato, U.S. Department of Justice, Environment & Natural Resources Division, Denver, CO, David E. Street, U.S. Department of Justice, Environmental Enforcement Section, Environment and Natural Resources Division, Washington, DC, for USA, plaintiffs.

John F.X. McBride, John Joseph Zodrow, Zodrow, et al., P.C., Denver, CO, for Power Engineering Co., Redoubt, Ltd.

Robert T. McAllister, McAllister & Murphy, P.C., Denver, CO, for Richard J. Lilienthal.

MEMORANDUM OPINION AND ORDER

BABCOCK, Chief Judge.

Plaintiff moves for partial summary judgment on the question whether Defendants must post financial assurances under Colorado regulations. Plaintiff concedes that there are genuine issues of material fact regarding the proper amount of those financial assurances and, accordingly, summary judgment is inappropriate on that question. Defendants cross-move for...

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