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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : GEORGE GREGG : v. : Civil Action No. DKC 2001-1212 : MARY RICHMOND, et al. : MEMORANDUM OPINION Presently pending and ready for resolution in this civil rights case is the motion by Defendants Mary Richmond and David Rotolone for summary judgment. briefed and the court now The issues have been fully no hearing being deemed

rules,

necessary.

Local Rule 105.6.

For the reasons that follow, the

court will grant Defendants' summary judgment motion. I. Background A. Factual Background The following are facts either uncontroverted or viewed in the light most favorable to Plaintiff George Gregg. Plaintiff

was the president of Montgomery Concrete, Inc., a Delaware corporation products in licensed to manufacture Maryland. concrete Montgomery and concrete is

Rockville,

Concrete

bordered on the north by a Montgomery County landfill, on the south by a composition patch of land, and on the east by a large expanse of parkland/wetland, which separates Montgomery

Concrete's plant from the Northwest Branch, a tributary of Rock Creek. This east-bordering parkland/landfill "is filled with Paper 17 at

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