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United States v. Sunoco

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


July 15, 2009

UNITED STATES OF AMERICA PLAINTIFF,
v.
SUNOCO, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Anita B. Brody, J.

ORDER

AND NOW, this 15th day of July, 2009, it is ORDERED that:

C The United States' Motion for Summary Judgment on the Statute of Limitations Defenses (Doc. #200) is DENIED in part and GRANTED in part:

C The United States' Tank Act claim against Sunoco for diminution in property value is not time barred.

C There is an open question of fact as to whether or not the United States' Tank Act claim against Sunoco for costs of abatement is time barred.

C The United States' UCATA claims against Sunoco and Atlantic Richfield are not time barred.

C Sunoco's Motion for Summary Judgment on the Statute of Limitations (Doc. #202) is DENIED; Sunoco's Motion for Summary Judgment on Causation (Doc. #202) is DENIED without prejudice; Sunoco's Motion for Summary Judgment on the United States' Clean Streams Act Claim (Doc. #202) is DENIED; Sunoco's Motion for Summary Judgment on the Tank Act Counterclaim (Doc. #202) is DENIED without prejudice.

C Atlantic Richfield's Motion for Summary Judgment on the Statute of Limitations (Doc. #204) is DENIED.

20090715

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