THE PRE-REFERRAL LITIGATION REPORT PREPARED IN ANTICIPATION OF THE COMMENCEMENT OF RD/RA NEGOTIATIONS RELATED TO THE G&H LANDFILL SITE, WHICH IS LOCATED AT UTICA, MI. THIS REPORT IS INTENDED TO SUPPLEMENT THE COST RECOVERY REFERRAL FORWARDED TO THE DEPARTMENT OF JUSTICE ON 9/13/89. THE ORIGINAL LITIGATION REPORT IS NOT INTENDED TO BE SUPERSEDED BY THE ENCLOSED REPORT. RATHER, THE TWO REPORTS SHOULD BE READ IN CONJUCTION WITH EACH OTHER TO OBTAIN THE FULL FACTUAL HISTORY OF THE CASE. THIS IS TO AVOID DUPLICATIVE EFFORTS ON THE PART OF THE REGION. - THE ORIGINAL REFERRAL WAS COMPLETED DUE TO STATUTE OF LIMITA TION CONCERNS REGARDING THE RUNNING ON THE FIRST 2 REMOVAL ACTIONS PERFORMED PRIOR TO THE PASSING OF SARA ON 10/17/89. FURTHER, A STATUTE OF LIMITATIONS CONCERN EXISTED ON THE 3RD REMOVAL ACTION AS IT HAD BEEN COMPLETED 10/22/86. - ON 01/26/90, DOJ RETURNED THE CASE TO U.S.EPA REGION V DUE TO A TOLLING AGREEMENT IN WHICH 4 MAJOR POTENTIALLY RESPONSI BLE PARTIES(PRPS) AGREED THAT THE TIME BETWEEN 10/01/89 AND 03/31/91, WOULD NOT BE INCLUDED IN COMPUTING AND RUNNING OF THE STATUTE OF LIMITATIONS REGARDING ANY U.S. CAUSE OF ACTION. THE 4 PARTIES WHO SIGNED THIS AGREEMENT WERE FORD, CHRYSLER, TRW, AND GENERAL OIL. -