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United States v. Sunoco

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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