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PAWTUXET COVE MARINA, INC. v. CIBA-GEIGY CORP.

No. 86-1227.

807 F.2d 1089 (1986)

PAWTUXET COVE MARINA, INC., et al., Plaintiffs, Appellants, v. CIBA-GEIGY CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 18, 1986.

Attorney(s) appearing for the Case

Jeffrey A. Lanphear, Cranston, R.I., for plaintiffs, appellants.

James Thornton, on brief for Natural Resources Defense Council, Inc., amicus curiae.

Karen H. Edgecombe, Bruce J. Terris and Terris, Edgecombe, Hecker & Wayne, Washington, D.C., on brief for Friends of the Earth, Sierra Club, Student Public Interest Research Group of New Jersey and Atlantic States Legal Foundation, amicus curiae.

Katherine L. Rhyne with whom Douglas E. Kliever, John M. Bredehoft, Cleary, Gottlieb, Steen & Hamilton, Washington, D.C., Michael P. DeFanti and Hinckley, Allen, Tobin & Silverstein, Providence, R.I., were on brief for defendant, appellee.

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

BAILEY ALDRICH, Senior Circuit Judge.

In 1979 plaintiff Pawtuxet Cove Marina, Inc. purchased a marina on a cove by the mouth of the Pawtuxet River in Rhode Island. Plaintiffs Russell and Beverly Hunt, owners of a residence on the cove, as well as officers and shareholders in Marina, Inc., purchased a second marina on the cove and leased it to Marina, Inc. In November 1983 plaintiffs sued defendant Ciba-Geigy Corp., in part for civil penalties under section 505 of...

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