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UNITED STATES v. UNION GAS CO.

No. 85-1177.

792 F.2d 372 (1986)

UNITED STATES of America, v. UNION GAS COMPANY, v. COMMONWEALTH OF PENNSYLVANIA and the Borough of Stroudsburg. Appeal of UNION GAS COMPANY.

United States Court of Appeals, Third Circuit.

Decided June 10, 1986.

Attorney(s) appearing for the Case

David H. Marion (Argued), Robert A. Swift, Kohn, Savett, Marion & Graf, Philadelphia, Pa., Lawrence A. Demase, Benjamin F. Wilson, Rose, Schmidt, Chapman, Duff & Hasley, Pittsburgh, Pa., for appellant.

Leroy S. Zimmerman, Atty. Gen., Maura A. Johnston, Deputy Atty. Gen., Andrew S. Gordon, Sr. Deputy Atty. Gen., Allen C. Warshaw (Argued), Chief Deputy Atty. Gen., Harrisburg, Pa., for appellee.

Before: WEIS, HIGGINBOTHAM, BECKER, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal presents a single question: whether the eleventh amendment bars defendant-third party plaintiff Union Gas Company from suing the state of Pennsylvania for monetary damages in an action arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), 42 U.S.C. § 9601 et seq. (1982). The district court held that the eleventh amendment was a bar...

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