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BERNSTEIN v. BANKERT

No. 1:08-cv-0427-RLY-DML.

698 F.Supp.2d 1042 (2010)

Norman W. BERNSTEIN and Peter M. Racher, as Trustees of the Third Site Trust Fund, Plaintiffs, v. Patricia A. BANKERT, individually, and in her capacity as Personal Representative of the Estate of Jonathan W. Bankert, Sr., Jonathan W. Bankert, Jr., Gregory Bankert, Robert H. Bankert, Katherine L. Bankert, Cynthia A. Russell, EnviroChem Corporation, and Auto Owners Mutual Insurance Company, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

March 16, 2010.

Attorney(s) appearing for the Case

Frederick D. Emhardt, Plews Shadley Racher & Braun, Indianapolis, IN, for Plaintiffs.

S. Gregory Zubek Whitham Hebenstreit & Zubek Willis Edward Huiras, Davis & Sarbinoff LLP, Danford Royce Due, Scott Ernest Andres, Due Doyle Fanning & Metzger, Indianapolis, IN, David L. Taylor, Jeffrey William Ferrand, Jennings Taylor Wheeler & Haley, Carmel, IN, John A. Yeager, Leon J. Letter, Willingham & Cote' P.C., East Lansing, MI, for Defendants.

ENTRY ON DEFENDANT AUTO-OWNERS' MOTION FOR SUMMARY JUDGMENT

RICHARD L. YOUNG, Chief Judge.

Norman W. Bernstein and Peter M. Racher, as Trustees of the Third Site Trust Fund ("Plaintiffs"), seek to recover environmental response costs and other damages from the Bankerts and Enviro-Chem Corporation under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq. for property referred to as the...

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