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DEDHAM WATER CO. v. CUMBERLAND FARMS DAIRY, INC.

No. 86-1216.

805 F.2d 1074 (1986)

DEDHAM WATER COMPANY, Plaintiff, Appellant, v. CUMBERLAND FARMS DAIRY, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 14, 1986.

Attorney(s) appearing for the Case

Thomas F. Holt, Jr., Boston, Mass., with whom Cynthia L. Amara, DiCara, Selig, Sawyer & Holt, Boston, Mass., John R. Cope and Bracewell & Patterson, Houston, Tex., were on brief for appellant.

Ellen M. Mahan, Washington, D.C., with whom F. Henry Habicht, II, Asst. Atty. Gen., Jacques B. Gelin, and Steven M. Jawetz, Washington, D.C., were on brief for U.S., amicus curiae.

Allan Van Gestel, Boston, Mass., with whom Christopher P. Davis and Goodwin, Procter & Hoar, Boston, Mass., were on brief for appellee Cumberland Farms, Inc.

Before CAMPBELL, Chief Judge, ALDRICH and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

This case presents the first opportunity for a court of appeals to determine whether a party seeking to recover its response costs under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. § 9607, must comply with the 60-day waiting period prescribed in CERCLA section 112(a), 42 U.S.C. § 9612(a).1 Also contested as part of this appeal is...

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