UNITED STATES OF AMERICA v. SUNOCO, INC. et al

Filing 246

ORDER OF MEMORANDUM (DOCUMENT #245) that:. THE UNITED STATES' MOTION FOR SUMMARY JUDGMENT ON THE STATUTE OF LIMITATIONS DEFENSES (DOC. #200) IS DENIED IN PART AND GRANTED IN PART:.... ATLANTIC RICHFIELD'S MOTION FOR SUMMARY JUDGMENT ON THE STATUTE OF LIMITATIONS (DOC. #204) IS DENIED.. SIGNED BY HONORABLE ANITA B. BRODY ON 7/15/2009. 7/15/2009 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, )

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

UNITED STATES OF AMERICA Plaintiff, v. SUNOCO, INC., et al., Defendants.

Civil Action No. 05-6336-ABB

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

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

C

C

ANITA B. BRODY, J. Copies VIA ECF on _______ to: Copies MAILED on _______ to:

O:\ABB 2009\L - Z\Sunoco MSJ ORDER.wpd

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