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NL INDUSTRIES, INC. v. KAPLAN

No. 85-2783.

792 F.2d 896 (1986)

NL INDUSTRIES, INC., Petitioner-Appellant, v. Stuart M. KAPLAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 20, 1986.

Attorney(s) appearing for the Case

Jennifer L. Machlin, Orrick, Herrington & Sutcliffe, San Francisco, Cal., for petitioner-appellant.

John D. Hoffman, Ellman, Burke & Cassidy, San Francisco, Cal., for respondent-appellee.

Before WALLACE, KENNEDY and FARRIS, Circuit Judges.

WALLACE, Circuit Judge:

NL Industries, Inc. (NL Industries) appeals from the district court's denial of its motion to dismiss Kaplan's action for failure to state a claim upon which relief can be granted. This appeal concerns the pleading requirements of a private cause of action under section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9607(a). We have jurisdiction under 28 U.S.C. § 1292...

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