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U.S. v. W.R. GRACE & CO.

No. CV 00-167-M-DWM.

134 F.Supp.2d 1182 (2001)

UNITED STATES of America, Plaintiff, v. W.R. GRACE & COMPANY and Kootenai Development Corporation, Defendants.

United States District Court, D. Montana, Missoula Division.

March 9, 2001.

Attorney(s) appearing for the Case

Sherry S. Matteucci, Victoria L. Francis, Office of the U.S. Attorney, Billings, MT, Walker Smith, James D Freeman, U.S. Department of Justice — Environmental Enforcement, Denver, CO, for USA, plaintiff.

Gary L. Graham, Kelly M. Wills, Dean A. Hoistad, Terry J. MacDonald, Garlington, Lohn & Robinson, PLLP, Missoula, MT, John D. McCarthy, Holme Roberts & Owen, Denver, CO, for W.R. Grace & Company, Kootenai Development Corporation, defendants.

ORDER

MOLLOY, Chief Judge.

I. Procedural Background

On September 14, 2000, the United States Department of Justice, acting on behalf of the Environmental Protection Agency ("EPA"), filed a complaint and moved for an Order permitting it immediate access to properties in Libby, Montana. The properties are owned and/or controlled by W.R. Grace & Company and Kootenai Development Corporation.

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