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CADILLAC FAIRVIEW/CALIFORNIA v. DOW CHEMICAL CO.

Nos. 86-6464, 86-6733.

840 F.2d 691 (1988)

CADILLAC FAIRVIEW/CALIFORNIA, INC., a California corporation, Plaintiff-Appellant. v. DOW CHEMICAL CO., a Delaware corporation, et al., Defendants, and United States of America; Gerald P. Carmen, Administrator of the General Services Administration; William Ruckelshaus, Administrator of the Environmental Protection Agency, Defendants-Appellees, Shell Oil Company; Cabot, Cabot & Forbes Interim Company, Respondents. CADILLAC FAIRVIEW/CALIFORNIA, INC., a California corporation, Plaintiff-Appellant, v. DOW CHEMICAL CO., a Delaware corporation; Shell Oil Company, Defendants-Appellees, and Cabot, Cabot & Forbes Interim Company; Thomas Heinsheimer, Chairman of the Board of the South Coast Air Quality Management District; Douglas Ferguson, President of the Central and West Basin Water Replenishment District of the State of California; Peter Rank, Director of the State Department of Health Services of the State of California; Jane Bray, Acting Chairman of the Board of the Regional Water Quality Control Board of the State of California for the Los Angeles Region, Defendants.

United States Court of Appeals, Ninth Circuit.

Decided February 25, 1988.

Attorney(s) appearing for the Case

Gregory R. Smith, Irell & Manella, Los Angeles, Cal., for plaintiff-appellant.

Stephen T. Swanson, Lawler, Felix & Hall, Los Angeles, Cal., for defendant-appellee Dow.

Edwin C. Schreiber, Keltner & Schreiber, Inc., Los Angeles, Cal., for defendant-appellee Shell.

Maria A. Iizuka, Dept. of Justice, Washington, D.C., for defendant-appellee United States.

Reed Sato, Deputy Atty. Gen., Sacramento, Cal., for amicus curiae.

Before CHAMBERS, WALLACE and POOLE, Circuit Judges.

WALLACE, Circuit Judge:

Cadillac Fairview/California, Inc. (Cadillac Fairview) appeals the district court's judgment dismissing its claims for damages and for declaratory and injunctive relief against Dow Chemical Co. (Dow) and Shell Oil Co. (Shell) for failure to state a claim upon which relief can be granted. Cadillac Fairview also appeals the order granting summary judgment in favor of the Administrator of the General Services Administration (GSA) and the United...

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