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U.S. E.P.A. v. GENERAL ELEC. CO.

Docket No. 98-6279.

212 F.3d 689 (2000)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Appellee, v. GENERAL ELECTRIC COMPANY, Defendant-Appellant, Grand Street Artists, Plaintiff.

United States Court of Appeals, Second Circuit.

Decided December 14, 1999.

Motions for Rehearing Filed January 28 and February 7, 2000.

Decided May 15, 2000.

Attorney(s) appearing for the Case

Mary Jo White, United States Attorney for the Southern District of New York (David S. Jones, Gideon A. Schor, Assistant United States Attorneys, Of Counsel), for Appellee.

Virginia A. Seitz, Sidley & Austin, Washington, DC (Samuel I. Gutter, Margaret B. Demers, on the brief); Kirk R. Macfarlane, Counsel for General Electric Co., King of Prussia, PA, for Defendant-Appellant.

Before: MINER, JACOBS and SACK, Circuit Judges.

Judge MINER dissents in a separate opinion.

JACOBS, Circuit Judge:

Cross-motions for rehearing have been filed with respect to this Court's December 14, 1999 opinion in the above-captioned case, United States Envtl. Protection Agency v. General Elec. Co., 197 F.3d 592 (2d Cir.1999), pursuant to Rules 35 and 40 of the Federal Rules of Appellate Procedure.

The United States Environmental Protection Agency ("EPA...

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