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MATTER OF BUNKER LTD. PARTNERSHIP

Nos. 85-4257, 86-3837.

820 F.2d 308 (1987)

In the Matter of An Investigation Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq., concerning: BUNKER LIMITED PARTNERSHIP. BUNKER LIMITED PARTNERSHIP, a limited partnership, Plaintiff-Counterdefendant-Appellant, v. The UNITED STATES of America and the Regional Administrator, United States Environmental Protection Agency, Defendant-Counterclaimant-Appellee. BUNKER HILL LTD., a partnership, Plaintiff-Appellee, Pintlar Corp., Plaintiff-Intervenor, v. UNITED STATES of America; United States Environmental Protection Agency, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 19, 1987.

Attorney(s) appearing for the Case

William D. Symmes, Leslie R. Weatherhead, Spokane, Wash., for plaintiff-counter-defendant-appellant-appellee.

Anne S. Almy, Martin W. Matzen, Washington, D.C., Jeffrey W. Ring, Boise, Idaho, for defendants-counterclaimants-appellees-appellants.

Before WALLACE, FLETCHER and BRUNETTI, Circuit Judges.

WALLACE, Circuit Judge:

In these consolidated appeals, Bunker Limited Partnership (Bunker) appeals the district court's denial of its motion to quash an ex parte administrative warrant granted to the Environmental Protection Agency (EPA) pursuant to 42 U.S.C. § 9604(e) (1982) (amended 1986). The EPA appeals the district court's order granting Bunker's motion for a protective order limiting the scope of the EPA's search under the warrant.

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