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Friday, February 27, 2009
Ind. Decisions - Mishawaka loses bid to hold Uniroyal liable for Mishawaka’s clean up costs
Christopher A. Nuechterlein, United States Magistrate Judge for the ND Indiana, South Bend, ruled yesterday in a 14-page opinion, City of Mishawaka v. Uniroyal Holding, that begins:
All things must come to an end.This litigation concerns approximately 43 acres of land located at 312 N. Hill Street in Mishawaka, Indiana, which for over one-hundred years was a manufacturing site. The Mishawaka Woolen Manufacturing Company, incorporated in 1874, became a subsidiary of the United States Rubber Company in 1922 and manufactured rubber footwear and other products at the Hill Street site. In 1967, the United States Rubber Company changed its name to Uniroyal, Inc.
The Hill Street site eventually encompassed 58 buildings, over 1.7 million square feet of industrial space, and employed nearly 10,000 workers. In April 1, 1997, industrial operations came to a halt at the Hill Street site.
The primary question presented in this lawsuit is whether the Defendant, Uniroyal Holding Inc., a corporate successor to various legal entities at the site, is legally obligated for various environmental clean up expenses at the Hill Street site. For the reasons stated in this opinion, this Court concludes that it is not.
Posted by Marcia Oddi on February 27, 2009 10:29 AM
Posted to Environment | Ind Fed D.Ct. Decisions