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Employers Ins. of Wausau v. United States

ELR Citation: 24 ELR 20139
Nos. No. 92 C 2396, 830 F. Supp. 453/(N.D. Ill., 08/23/1993)

The court holds that the United States is not liable under the Federal Tort Claims Act for response costs incurred by an insurance company following a determination by the U.S. Environmental Protection Agency that the company was responsible under the Comprehensive Environmental Response, Compensation, and Liability Act to conduct a removal action at a contaminated site, because no private-party analog exists to the government's action.

Counsel for Plaintiff
Robert M. Wattson, Rolf E. Gilbertson
Zelle & Larson
City Ctr., 33 S. 6th St., Ste. 4400, Minneapolis MN 55402
(612) 339-2020

Counsel for Defendant
Phyllis J. Pyles, Elizabeth A. Strange
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

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