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CAVALLO v. STAR ENTERPRISE

Nos. 95-2540, 95-2541.

100 F.3d 1150 (1996)

Ardith CAVALLO, Plaintiff-Appellant, and Lawrence Cavallo, Plaintiff, v. STAR ENTERPRISE; Texaco Refining and Marketing (East), Incorporated; Saudi Refining, Inc., Defendants-Appellees. Lawrence CAVALLO, Plaintiff-Appellant, and Ardith Cavallo, Plaintiff, v. STAR ENTERPRISE; Texaco Refining and Marketing (East), Incorporated; Saudi Refining, Inc., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 20, 1996.

Attorney(s) appearing for the Case

ARGUED: Allen Huberth Sachsel, Fairfax, VA, for Appellants. Richard Edward Wallace, Jr., Howrey & Simon, Washington, D.C., for Appellees. ON BRIEF: Mark C. Hayes, Law Office of Mark C. Hayes, P.C., Alexandria, VA; Donnell R. Fullerton, Donnell R. Fullerton, P.C., Fairfax, VA; John E. Drury, Law Office of John E. Drury, Washington, D.C., for Appellants. Anthony F. King, Nancy C. Libin, Howrey & Simon, Washington, D.C., for Appellees.

Before ERVIN, Circuit Judge, LAY, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation, and TRAXLER, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed in part and reversed and remanded in part by published opinion. Judge ERVIN wrote the opinion, in which Senior Judge LAY and Judge TRAXLER joined.

OPINION

ERVIN, Circuit Judge:

Ardith and Lawrence Cavallo sued Star Enterprise,1 which operates a petroleum distribution terminal located near their home, alleging various damages from an underground petroleum release in 1990 and a fuel spill in 1991. Their complaint...

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