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CITY OF FRESNO v. U.S.

No. CV-F-06-1559-OWW-TAG.

709 F.Supp.2d 888 (2010)

CITY OF FRESNO, Plaintiff, v. UNITED STATES of America, et al., Defendants.

United States District Court, E.D. California.

Opinion Denying Reconsideration June 30, 2010.

Attorney(s) appearing for the Case

Jessica E. Yates, PHV , Snell and Wilmer L.L.P., Denver, CO, Lisa A. Decker , Jeffrey L. Willis , Snell & Wilmer LLP, Tucson, AZ, for Plaintiff.

Francis Malcolm Goldsberry, II , Goldsberry Freeman and Guzman, LLP, Sylvia Ann Quast , United States Attorney's Office, Sacramento, CA, Charles Scott Spear , Govt., U.S. DOJ, ENRD, Environmental Defense Section, Kim Noelle Smaczniak , Govt., United States Department of Justice, Paul Cirino , Environmental Defense Section, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM DECISION RE: DEFENDANT'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS OR FOR PARTIAL SUMMARY JUDGMENT AS TO PLAINTIFF'S RCRA CLAIM; MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS AS TO PLAINTIFF'S HSAA CLAIM (Docs. 142 & 143).

OLIVER W. WANGER, District Judge.

I. INTRODUCTION.

This is a dispute over environmental remediation between Plaintiff City of Fresno (the "City") and Defendants the Boeing Company ("Boeing...

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