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VOLUNTARY PURCHASING GROUPS, INC. v. REILLY

No. 89-1002.

889 F.2d 1380 (1989)

VOLUNTARY PURCHASING GROUPS, INC., Plaintiff-Appellee, v. William K. REILLY, Administrator, United States Environmental Protection Agency, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 27, 1989.

Attorney(s) appearing for the Case

Michael P. Healy, Anne S. Almy, Attys., Appellate Section, Land & Natural Resources Div., Washington, D.C., for defendants-appellants.

Stephen L. Tatum, Ralph H. Duggins, T. Lynn Stuck, Jeff P. Prostok, Cantey & Hanger, Ft. Worth, Tex., for plaintiff-appellee.

Before KING, GARWOOD, and DAVIS, Circuit Judges.

KING, Circuit Judge:

Defendants-appellants, the Environmental Protection Agency and the Administrator and Regional Administrator of that agency (collectively, the EPA), appeal the district court's refusal to dismiss the suit of the plaintiff-appellee, Voluntary Purchasing Groups, Inc. (VPG), seeking a declaratory judgment that it is not liable for the EPA's response actions in connection with a site cleaned up by the EPA. Finding that the district court lacks subject...

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