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O'NEIL v. PICILLO

No. 88-1551.

883 F.2d 176 (1989)

James E. O'NEIL, In His Capacity As Attorney General For The State Of Rhode Island, Plaintiff, Appellee, v. Warren V. PICILLO, Sr., et al., Defendants, Appellees. Appeal of AMERICAN CYANAMID COMPANY and Rohm & Haas Company, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided August 21, 1989.

Attorney(s) appearing for the Case

Deming E. Sherman, with whom Mark A. Pogue, Edwards & Angell, Providence, R.I., Ellen Friedell, and Margaret R. Tribble, Wayne, N.J., were on briefs for appellants.

Gary Powers, Sp. Asst. Atty. Gen., Environmental Advocate, with whom James E. O'Neil, Atty. Gen., Providence, R.I., was on briefs for appellee James E. O'Neil, in his capacity as Atty. Gen. for the State of Rhode Island.

William G. Ballaine, with whom Maria J. Litman and Siff, Rosen & Parker, P.C., New York City, were on brief for appellees Daniel Capuano, Jack Capuano, Estate of Anthony Capuano, United Sanitation, Inc., Sanitary Landfill, Inc. and A. Capuano Brothers.

Roger J. Marzulla, Asst. Atty. Gen., Carrick Brooke-Davidson, Jacques B. Gelin and Anne S. Almy, Dept. of Justice, Washington, D.C., on brief for the U.S., amicus curiae.

Before CAMPBELL, Chief Judge, COFFIN, Senior Circuit Judge, and FUSTE, District Judge.

COFFIN, Senior Circuit Judge.

In July of 1977, the Picillos agreed to allow part of their pig farm in Coventry, Rhode Island to be used as a disposal site for drummed and bulk waste. That decision proved to be disastrous. Thousands of barrels of hazardous waste were dumped on the farm, culminating later that year in a monstrous fire ripping through the site. In 1979, the state and the Environmental Protection Agency (EPA) jointly undertook to clean up the area. What...

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