Legal Opinion
City of Health, Ohio v. Ashland Oil, Inc.
District Court, S.D. Ohio
Decided July 19, 1993No. C-2-91-980PublishedCited by 72 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
HOLSCHUH, Chief Judge.
This matter is before the Court on the motion of defendant Ashland Oil, Inc. to dismiss counts 2, 3 and 4 for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) and failure to state a claim pursuant to Rule 12(b)(6).
BACKGROUND
This lawsuit was filed by plaintiff the City of Heath (Heath) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601, et seq., the Resource Conservation Recovery Act (RCRA), 42 U.S.C. § 6901, et seq., and various state laws. Count 2 seeks costs under CERCLA allegedly…
2Cases cited49 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Bell v. HoodSupreme Court of the United States · 1946
- California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
- Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
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3Cited by72 opinions
- Fireman's Fund Insurance Company, a California Corporation v. City of Lodi, California, Jack Sieglock, in His Capacity as Mayor of the City of Lodi Richard Prima, Jr., in His Capacity as Enforcing Officer of Lodi Ordinance No. 1650 Randall A. Hays, Individually and in His Capacity as Lodi City Attorney Michael C. Donovan, Individually and in His Capacity as Lodi Assistant City Attorney Adam L. Babich, Individually and in His Capacity as Lodi Assistant City Attorney Steven H. Doto, Individually and in His Capacity as Lodi Assistant City Attorney Bret A. Stone, Individually and in His Capacity as Lodi Assistant City Attorney John R. Till, Individually and in His Capacity as Lodi Assistant City Attorney Zevnik, Horton, Guibord and McGovern Llp, Individually and in Their Capacity as Lodi Assistant City Attorneys Fran E. Forkas, in His Capacity as Enforcing Officer of Lodi Ordinance No. 1650, Unigard Insurance Company, a Washington Corporation Unigard Security Insurance Company, a Washington Corporation v. City of LodiCourt of Appeals for the Ninth Circuit · 2002
- Quebell P. Parker v. Scrap Metal ProcessorsCourt of Appeals for the Eleventh Circuit · 2004
- Am International, Inc. v. Datacard Corporation, Dbs, Inc., Addressograph Farrington, Inc.Court of Appeals for the Seventh Circuit · 1997
- Orange Cnty. Water Dist. v. Alcoa Global Fasteners, Inc., California Court of Appeal, 5th District2017
- Town of New Windsor v. Tesa Tuck, Inc.District Court, S.D. New York · 1996
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