Conservation had identified at Hydro-Vac during their inspections of

Hydro-Vac in 1990, satisfies all the requirements under CERCLA to require

all 82 companies listed in Plaintiff/Appellants complaint in the immediate

case to clean up the Landfill.

    The Affidavit of Hydro-Vac employee, Randall Blevins, found at

Exhibit 12, Docket #70, establishes the mixing of different wastes, and

the landfilling of said wastes at the Summit Landfill. Also, Mr. Blevins

establishes just how outrageous and illegal the operation was at Hydro-

Vac.

III. Do you feel that there are other reasons why the District
     Court's judgement was wrong?

    The answer to this question is a resounding yes. The reasons and the

methods used to cover-up the illegal activities will be set forth here.

    When Judge Jarvis saw the STATEMENT OF FACTS at Docket #49 filed by

Oliver, along with the brief filed by Oliver's attorney Mark Light (which

was ordered accepted by Judge Jarvis at Docket #46), Judge Jarvis suddenly

had a major problem.    Judge Jarvis had no intention whatsoever of

allowing 82 companies, including Georgia Pacific, Goodyear Tire & Rubber

Company , Shaw Industries, Valvoline,  Westinghouse, Penske Truck Leasing,

Amana Refrigeration,  and the United States Army at Fort Lee, Virginia,

to be required to clean-up the contamination of the unlined Chattanooga

Sumit Landfill.

    Judge Jarvis arbitrarily decided that he would throw out the laws

established by the U.S. Congress and the Environmental Protection Agency

and signed into law by several Presidents. Judge Jarvis decided that in

this case, HE would be the law of the land.

                                 13