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J.V. PETERS & CO., INC. v. ADMINISTRATOR, E.P.A.

No. 84-3229.

767 F.2d 263 (1985)

J.V. PETERS & CO., INC.; J.V. Peters & Co.; David B. Shillman; Dorothy Brueggemeyer, Plaintiffs-Appellants, v. ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY; Valdas V. Adamkus; Joseph Fredle; Samsel Supply Company; State of Ohio, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 3, 1985.

Attorney(s) appearing for the Case

Brent L. English (argued), Cleveland, Ohio, for plaintiffs-appellants.

Martin W. Matzen, Robert L. Klarquist, U.S. Dept. of Justice, Kathleen P. Dewey (argued), Washington, D.C., Kathleen Ann Sutula, Cleveland, Ohio, David T. Buente, Michael W. Steinberg, Washington, D.C., John McPhee, Chicago, Ill., for defendants-appellees.

Before KEITH and MARTIN, Circuit Judges, and TAYLOR, District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

This case presents the question whether there is a private cause of action to challenge governmental action taken under section 104(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the Superfund legislation), 42 U.S.C. § 9604(a), prior to a governmental suit for liability under section 107(a) of the Act, 42 U.S.C. § 9607(a). The district court held that there was such a cause of...

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