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Tuesday, March 03, 2009
Ind. Decisions - More on: Mishawaka loses bid to hold Uniroyal liable for Mishawaka’s clean up costs
Updating this ILB entry from Feb. 27th, Sue Lowe of the South Bend Tribune today has this story. The story begins:
MISHAWAKA — The company that is all that’s left of Uniroyal does not have to pay the city of Mishawaka for costs it incurred cleaning up pollution at the old Ball Band/Uniroyal site near downtown.A federal judge has ruled that Uniroyal Holding Inc. is not responsible for the cost of cleaning the site on the St. Joseph River at Main Street.
"It’s not good news for the city," Mayor Jeff Rea said of the ruling by U.S. Magistrate Judge Christopher A. Nuechterlein.
He said lawyers representing the city are exploring the city’s options.
"We believe the people we’re dealing with (Uniroyal Holding) have some responsibility," Rea said.
The suit is being handled by the law firm of Plews Shadley Racher & Braun.
Rea said the firm won’t get paid unless they collect money for the city.
However, he said the city is probably out as much as $6,000 for producing documents and other evidence.
Posted by Marcia Oddi on March 3, 2009 01:10 PM
Posted to Ind Fed D.Ct. Decisions