CITY OF WAUKESHA v. PDQ FOOD STORES, INC.

No. 04-C-487.

500 F.Supp.2d 1119 (2007)

CITY OF WAUKESHA, Plaintiff, v. PDQ FOOD STORES, INC., Defendant.

United States District Court, E.D. Wisconsin.

April 23, 2007.


Attorney(s) appearing for the Case

Curt R. Meitz, Waukesha City Attorney's Office, Pamela H. Schaefer, Reinhart Boerner Van Deuren SC, Waukesha, WI, Donald P. Gallo, Reinhart Boerner Van Deuren SC, Milwaukee, WI, for Plaintiff.

Richard L. Schmidt, Richard L. Bolton, Boardman Suhr Curry & Field LLP, Madison, WI, for Defendant.


DECISION AND ORDER

ADELMAN, District Judge.

Plaintiff, a Wisconsin municipality, brought this action under the Comprehensive Environmental Response, Reclamation, and Recovery Act of 1980 ("CERLA") alleging that defendant's property was contaminated by hazardous materials from an adjacent closed landfill. Plaintiff asserted several claims, including a claim under CERCLA's "citizen suit" provision, 42 U.S.C. § 9659(f), asking me to order defendant...

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