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AMOCO OIL CO. v. U.S. E.P.A.

No. 99-1534.

231 F.3d 694 (2000)

AMOCO OIL COMPANY, Plaintiff-Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 31, 2000.

Attorney(s) appearing for the Case

John D. Fognani (Craig V. Richardson, Jonathan M. Fingeret, and Christopher J. Neumann, with him on the briefs), Zevnik, Horton, Guibord, McGovern, Palmer & Fognani, LLP, Denver, Colorado, for Plaintiff-Appellant.

Ellen J. Durkee, Attorney, Department of Justice, Environment & Natural Resources Division, Washington, DC (Lois J. Schiffer, Assistant Attorney General; Lisa E. Jones, David A. Carson, and Joan M. Pepin, Attorneys, Department of Justice, Washington, DC; Charles L. Figur, Of Counsel, United States Environmental Protection Agency — Region VIII, Denver, Colorado; and Mary E. Gleaves, Office of General Counsel, United States Environmental Protection Agency, Washington, DC, on the brief), for Defendant-Appellee.

Before TACHA, McWILLIAMS, and MURPHY, Circuit Judges.

TACHA, Circuit Judge.

The Plaintiff Amoco Oil Co. appeals the district court's refusal to vacate a dismissal order under Federal Rule of Civil Procedure 60(b). We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I. Procedural History

In 1996, EPA issued a Final Administrative Order (FAO) under section 3008(h) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6928(h), imposing duties and obligations on Amoco...

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