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CALDWELL v. GURLEY REFINING CO.

No. 84-1030.

755 F.2d 645 (1985)

R.A. CALDWELL, Appellee, v. GURLEY REFINING COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 25, 1985.

Rehearing Denied March 26, 1985.

Attorney(s) appearing for the Case

David A. Orsini, Little Rock, Ark., for appellant.

Elton A. Rieves, III, West Memphis, Ark., for appellee.

Before BRIGHT and McMILLIAN, Circuit Judges, and LIMBAUGH, District Judge.

LIMBAUGH, District Judge.

On July 15, 1970, R.A. Caldwell leased certain land to Gurley Refining Company to be used by Gurley as a waste material dumping site. Thereafter, Gurley dumped oil sludge and waste materials from its West Memphis plant into a pit on the leased ground. Although the lease was to run ten years, Gurley terminated it in 1976 representing to Caldwell that the pit had been properly sealed. The pit had not been sealed adequately as hazardous substances...

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