2003 CPEO Military List Archive

From: CPEO Moderator <cpeo@cpeo.org>
Date: 26 Jun 2003 14:08:35 -0000
Reply: cpeo-military
Subject: [CPEO-MEF] Radioactive battle continues
Radioactive battle continues
Man suing government will have day in court
By Lou Whitmire
June 26, 2003

MANSFIELD -- Allen Hogan's place has radioactive waste.

Wednesday, a contractor hired by the federal government walked the
perimeter of a 27-acre salvage yard along Fifth Avenue, conducting an
environmental sweep to see what other types of pollution and
contamination are on the site.

The Dayton environmental scientist is another chapter in a story that
involves the U.S. government and Hogan.

In 1999, Hogan, 50, filed a $10 million lawsuit against the government,
claiming the continued presence of radioactive materials on his 663
Fifth Ave. property constitutes a nuisance. Hogan contends the materials
were sold to him erroneously in 1994.

The 6th U.S. Circuit Court of Appeals reversed U.S. District Judge James
Graham's decision to dismiss the case in Columbus. The lower court had
decided Hogan did not file within the statute of limitations.

In September, Hogan will have his day in court against the federal
government. His trial is scheduled in Columbus at the U.S. Federal
District Court.

Hogan's woes began in 1994 when he bought 2,180 pounds of scrap
magnesium at an auction in Columbus.

Hogan said the metal was misidentified and given to a Defense Department
office in Columbus, which sold it to his company, Autojumble. Hogan said
he unknowingly took possession of radioactive waste from a former
Minuteman nuclear missile.

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