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ASCON PROPERTIES, INC. v. MOBIL OIL CO.

No. 87-5807.

866 F.2d 1149 (1989)

ASCON PROPERTIES, INC., Plaintiff-Appellant, v. MOBIL OIL COMPANY; Shell Oil Company; TRW; Douglas Oil Company; Edgington Oil Company; Aluminum & Magnesium Inc.; Routh Transport/IT Corporation; Southern California Edison Company; Sabre Refining Company; Dow Chemical Company; BKK Corporation; SoCal Oil & Refining Company; Signal Companies & Signal Oil Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 31, 1989.

Attorney(s) appearing for the Case

Raphael Metzger, Seal Beach, Cal., for plaintiff-appellant.

Ward L. Benshoof, McClintock, Kirwan, Benshoof, Rochefort & Weston, and Lori Huff Dillman, Sidley & Austin, Los Angeles, Cal., for defendants-appellees.

Before WALLACE, FARRIS and WIGGINS, Circuit Judges.

WALLACE, Circuit Judge:

Ascon Properties, Inc. (Ascon) appeals from a judgment dismissing its action brought against certain alleged generators and transporters of hazardous waste (Mobil). The district court dismissed Ascon's first claim brought under section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9607(a) (CERCLA), for failure to state a claim upon which relief could be granted. Ascon's second claim, brought...

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