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City of Fresno v. United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 2, 2010

THE CITY OF FRESNO, PLAINTIFF,
v.
UNITED STATES OF AMERICA; UNITED STATES ARMY CORPS OF ENGINEERS; NATIONAL GUARD BUREAU; THE BOEING COMPANY, DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER ON BOEING COMPANY'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION OF PLAINTIFF'S RCRA CAUSE OF ACTION

On June 14, 2010, the Boeing Company's ("Boeing") Motion for Summary Judgment, or, Alternatively, Summary Adjudication of Plaintiff's RCRA Cause of Action was heard by the Court. Lisa A. Decker, Jessica E. Yates, and Jeffrey L. Willis appeared for plaintiff the City of Fresno (the "City"). Francis M. Goldsberry II and Francis M. Goldsberry III appeared for Boeing.

After considering all papers filed in connection with Boeing's motion and after hearing oral argument, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

1. Boeing's motion for summary judgment of plaintiff's RCRA cause of action is GRANTED for the reasons set forth in this Court's Memorandum Decision dated June 30, 2010 (Docket No. 322). Plaintiff's claim against Boeing under RCRA, as alleged in the Fourth Claim for Relief of the Second Amended Complaint, is hereby DISMISSED WITH PREJUDICE.

IT IS SO ORDERED.

20100702

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