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U.S. v. ACETO AGR. CHEMICALS CORP.

Nos. 88-1580 to 88-1583.

872 F.2d 1373 (1989)

UNITED STATES of America, and State of Iowa, ex rel., Iowa Department of Natural Resources, Appellees, ACETO AGRICULTURAL CHEMICALS CORP., The Dow Chemical Company, Farnam Companies, Inc., Mobay Corporation, and Velsicol Chemical Corporation, Appellants, CIBA-GEIGY Corporation, Mobil Oil Corporation, and Platte Chemical Corporation, UNITED STATES of America, Appellant, and State of Iowa, ex rel., Iowa Department of Natural Resources, v. ACETO AGRICULTURAL CHEMICALS CORP., The Dow Chemical Company, Farnam Companies, Inc., Mobay Corporation, Velsicol Chemical Corporation, CIBA-GEIGY Corporation, Mobil Oil Corporation, and Platte Chemical Corporation, Appellees, UNITED STATES of America, and State of Iowa, ex rel., Iowa Department of Natural Resources, Appellees, v. ACETO AGRICULTURAL CHEMICALS CORP., The Dow Chemical Company, Farnam Companies, Inc., Mobay Corporation, Velsicol Chemical Corporation, CIBA-GEIGY Corporation, Mobil Oil Corporation, and Platte Chemical Corporation, Appellant, UNITED STATES of America, and State of Iowa, ex rel., Iowa Department of Natural Resources, Appellant, v. ACETO AGRICULTURAL CHEMICALS CORP., The Dow Chemical Company, Farnam Companies, Inc., Mobay Corporation, Velsicol Chemical Corporation, CIBA-GEIGY Corporation, Mobil Oil Corporation, and Platte Chemical Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 25, 1989.

Attorney(s) appearing for the Case

Theodore L. Garrett, Washington, D.C., for appellants Aceto Agr. Chemicals Corp., The Dow Chemical Co., Farnam Companies, Inc., Mobay Corp., Velsicol Chemical Corp., CIBA-GEIGY Corp., and Mobil Oil Corp.

William F. Hargens, Omaha, Neb., for appellant Platte Chemical Corp.

Sarah P. Robinson, Washington, D.C., for appellee U.S. of America.

Before HEANEY and BEAM, Circuit Judges, and LARSON, Senior District Judge.

LARSON, Senior District Judge.

This case arises from efforts by the Environmental Protection Agency (EPA) and the State of Iowa to recover over $10 million dollars in response costs incurred in the clean up of a pesticide formulation facility operated by the Aidex Corporation in Mills County, Iowa. Aidex operated the facility from 1974 through 1981, when it was declared bankrupt. Investigations by the EPA in the early 1980s revealed a highly contaminated site. Hazardous...

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