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BRYANT v. COLONIAL PIPELINE COMPANY

Civ. A. No. 87-0089-L.

699 F.Supp. 546 (1987)

Kenneth M. BRYANT, et al., Plaintiffs, v. COLONIAL PIPELINE COMPANY, et al., Defendants.

United States District Court, W.D. Virginia, Lynchburg Division.

December 21, 1987.

Attorney(s) appearing for the Case

James J. Sakolosky, Davidson & Sakolosky, P.C., Lynchburg, Va., for plaintiffs.

Timothy G. Hayes, Barbara J. Gaden, Hazel, Thomas, Fiske, Beckhorn and Hanes, P.C., Richmond, Va., for Colonial Pipe Line.

Wm. Rosenberger, Jr., Lynchburg, Va., for Elder Const.

MEMORANDUM OPINION

KISER, District Judge.

This case is before the Court on a Motion to Dismiss for lack of jurisdiction. Plaintiffs' claim federal jurisdiction under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601, et seq. The issue before the Court is whether there is jurisdiction under this Act when no release or threatened release of a hazardous substances has been alleged by Plaintiffs...

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