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U.S. v. GURLEY

No. 03-5132.

384 F.3d 316 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. William M. GURLEY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 21, 2004.

Attorney(s) appearing for the Case

Richard Gladstein (argued and briefed), United States Department of Justice, Environmental Enforcement Section, Washington, DC, for Plaintiff-Appellee.

James W. Gentry, Jr. (briefed), Spears, Moore, Rebman & Williams, Chattanooga, TN, Kent J. Rubens (argued and briefed), Rieves, Rubens & Mayton, West Memphis, AR, for Defendant-Appellant.

Before CLAY and GILMAN, Circuit Judges; MATIA, Chief District Judge.

OPINION

GILMAN, Circuit Judge.

The Environmental Protection Agency (EPA) issued an information request to William M. Gurley on February 6, 1992 pursuant to § 104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), codified at 42 U.S.C. § § 9604(e) and 9613(b). Gurley was directed to respond to the request within 15 days. He was warned that the failure to do so...

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