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FOREST PARK NAT. BANK & TRUST v. DITCHFIELD

No. 10 C 3166.

881 F.Supp.2d 949 (2012)

FOREST PARK NATIONAL BANK & TRUST, Plaintiff, v. Edward DITCHFIELD, Helen Ditchfield, Trust Number 12861 (u/t/a Dated September 10, 1985 with First Bank of Oak Park) US Bancorp Successor Trustee, Trust Number 31081 (u/t/a Dated October 12, 1999 with Cosmopolitan Bank & Trust) US Bancorp Successor Trustee, and E & H Enterprises, Inc., d/b/a River Forest Cleaners, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

July 24, 2012.

Attorney(s) appearing for the Case

Thomas W. Daggett , Daggett Law Firm, Michael Sean O'Connell , Law Office of Michael S. O'Connell, Chicago, IL, for Plaintiff.

Michael S. Blazer , Thomas S. Yu , Jeep & Blazer, L.L.C., Hillside, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

REBECCA R. PALLMEYER, District Judge.

Defendants have operated a dry cleaning business in River Forest, Illinois for almost 35 years. Dry cleaning requires the use of the toxic substance perchloroethylene ("perc"); it is undisputed that the soil beneath Defendants' dry cleaning business is substantially contaminated with perc. Plaintiff Forest Park National Bank ("FPNB") became the owner of a residential property adjacent...

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