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United States Ninth Circuit


W. PROPS. SERV. CORP. v. SHELL OIL CO., 01-55676

Defendant oil companies were properly found to have arranged, during the early years of World War II, for the disposal of acid sludge on land now owned by plaintiff. Because the non-polluting plaintiff knew about the sludge when it bought the land, CERCLA only entitles it to seek contribution from defendants, not complete cleanup cost recovery.

Appellate Information

  • Argued 05/08/2002
  • Decided 02/13/2004
  • Published 02/13/2004

Judges

  • KLEINFELD, Circuit Judge:, Before KLEINFELD and GRABER, Circuit Judges, and BOLTON, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Peter R. Taft,Munger, Tolles & Olson LLP, Los Angeles, CA, for the appellants.

  • For Appellees:
  • Jaclyn C. Taner, Federal Deposit Insurance Corporation, Washington, DC, for the appellee.
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