Ninth Avenue Remedial Group v. Allis Chalmers Corp.
District Court, N.D. Indiana
1Opinion of the Court
ORDER
LOZANO, District Judge.
This matter is before the Court on White Consolidated Industries, Inc.’s Motion to Dismiss Amended Complaint filed on January 31, 1997. For the reasons set forth below, the motion is DENIED.
BACKGROUND
This case concerns the Ninth Avenue Dump Superfund Site in Gary, Indiana (the “Site”). The Site, which operated as a chemical and industrial waste disposal facility during the 1970’s, has been contaminated by releases and threatened releases of the hazardous waste dumped there. Plaintiff, Ninth Avenue Remedial Group, has conducted and is conducting cleanup activities…
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