The City of Wichita has filed a memorandum in opposition of a request by defendants in the Gilbert and Mosley litigation. The Defendants have moved for leave to add 738 new third party defendants to this case.
The memorandum opposes the addition of any new parties due to procedural defects and the failure of the defendants to meet the established legal requirements for adding new parties. In addition, attorneys for the City point out that, of the parties listed,
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92 have already been issued certificates of release by the City
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40 are outside of the site boundaries
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and more than 400 are listed only because of their identification in an old KDHE report, which stated that "the listing of a site or a property owner or operator in this section does not indicate that the property owner or operator is responsible or liable for contamination at the site."