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DEDHAM WATER CO. v. CUMBERLAND FARMS DAIRY

No. 88-2080.

889 F.2d 1146 (1989)

DEDHAM WATER COMPANY and Dedham-Westwood Water District, Plaintiffs, Appellants, v. CUMBERLAND FARMS DAIRY, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 2, 1989.

As Modified on Denial of Rehearing December 11, 1989.

Rehearing Denied December 11, 1989.

Attorney(s) appearing for the Case

Thomas F. Holt, Jr., with whom Nancy B. Reiner, DiCara, Selig, Sawyer & Holt, Boston, Mass., John R. Cope and Bracewell & Patterson, Washington, D.C., were on brief, for plaintiffs, appellants.

Allan van Gestel with whom Henry C. Dinger, Christopher P. Davis, A. Lauren Carpenter and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, BOWNES and BREYER, Circuit Judges.

Rehearing En Banc Denied December 11, 1989.

BOWNES, Circuit Judge.

This is an appeal by plaintiff-appellant Dedham Water Company from a judgment of the district court holding that defendant-appellee Cumberland Farms Dairy, Inc. was not liable to plaintiff under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA), and the Massachusetts Oil and...

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