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United States v. Kin-Buc, Inc.

Citation: 11 ELR 20977
No. No. 79-514, (D.N.J., 08/06/1981) Vacated

The court vacates its decision, 11 ELR 20472, denying defendants' motion to dismiss the United States' claim under the federal common law of nuisance for water pollution emanating from defendants' hazardous waste disposal site. The court also dismisses the count of the complaint seeking damages under the federal common law of nuisance for water pollution and dismisses without prejudice those counts of the complaint seeking damages under the federal common law of nuisance for other types of pollution.

[The issue raised in this opinion is analyzed at 11 ELR 10191 — Ed.]

Counsel are listed at 11 ELR 20472.