United States v. Kin-Buc, Inc.

No. 79-514 (D.N.J. July 28, 1981)

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.

[11 ELR 20977]

Fisher, J.:

This matter being opened to the court by Weiner & Hendler, P.A., counsel for defendants Kin-Buc, Inc., Scientific, Inc., Wastequid, Inc.,Filcrest Realty, Inc., and Inmar Associates, Inc., Benjamin Weiner, esq., appearing, pursuant to a motion seeking to modify the judgment dated April 14, 1981; in the pressence of Edward J. Egan, Esq., counsel for defendants Marvin H. Mahan and Robert J. Meagher; and Budd, Larner, Kent, Gross, Picillo & Rosenbaum, counsel for defendants SCA Services, Inc., SCA Services of Passaic, Inc., Earthline Company and Anthony Gaess, Dennis Reznick, Esq., appearing; and William W. Robertson, United States Attorney, A. Patrick Nucciarone, Assistant United States Attorney, appearing for plaintiff; and the court having considered the briefs and exhibits filed by the parties and having heard oral argument, it is on this 28th day of July, 1981,

ORDERED that the judgment of the court dated April 14, 1981, is hereby vacated as to those portions of the 69th Count of the complaint that seek damages under the Federal Common Law of Nuisance for water pollution; and it is further

ORDERED that summary judgment on the 69th Count of the complaint seeking damages under the Federal Common Law of Nuisance for water pollution is granted, without prejudice, as to damages sought under the Federal Common Law of Nuisance for other types of pollution. No costs.