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UNITED STATES OF AMERICA DISTRICT OF MAINE

MAINE PEOPLE'S ALLIANCE and NATURAL RESOURCES DEFENSE COUNCIL, INC., Plaintiffs v. HOLTRACHEM MANUFACTURING COMPANY L.L.C. and MALLINCKRODT INC., Defendants

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Civil No. 00-69-B-C

RECOMMENDED DECISION This matter is before the court on two motions filed by defendant Mallinckrodt, Inc.: (1) a motion for an order in its favor on its defenses relating to causation (Docket No. 48); and, (2) a motion for judgment in its favor asserting that the doctrine of primary jurisdiction bars plaintiffs' claims (Docket No. 49). 1 Mallinckrodt submitted one statement of undisputed material facts containing ninety separate paragraphs in support of all these motions (Docket No. 52). The plaintiffs responded to each paragraph and submitted an additional statement of material facts consisting of seventy-two separate paragraphs (Docket No. 56). Mallinckrodt replied. (Docket No. 66.) I now recommend that the court DENY both motions.

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Along with these two motions Mallinckrodt has filed a motion for summary judgment asserting that the plaintiffs suit is barred by the equitable doctrine of laches. I address this motion is a separate order issued on this same date.

Overview of Dispute The Maine People's Alliance (MPA) and the Natural Resources Defense Council, Inc. (NRDC) have brought this citizen suit under 42 U.S.C.

Download MJK_12142001_1-00cv69_MPA_v_Holtrachem.pdf

Maine Law