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RETIREMENT COMMUNITY DEVELOPERS, INC. v. MERINE

Civ. No. PN-87-2464.

713 F.Supp. 153 (1989)

RETIREMENT COMMUNITY DEVELOPERS, INC., et al. v. Allan A. MERINE, et al.

United States District Court, D. Maryland.

May 17, 1989.

Attorney(s) appearing for the Case

Michael J. Goergen, Washington, D.C., Phillip R. Croessmann, Bassett & Morrison, Seattle, Wash., and John P. Van Beek, Greenbelt, Md., for plaintiffs.

Jerome H. Simonds, and Arthur H. Bill, Freedman, Levy, Kroll & Simonds, Washington, D.C., for defendants Allan A. Merine and Milton Elsberg, Trustee.

James H. Hulme, Donald B. Mitchell, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., for defendants Anthony Campitelli, Nathan Brisker and Paul I. Burman.

MEMORANDUM AND ORDER

NIEMEYER, District Judge.

This case presents the potentially far reaching issue whether a private cause of action to recover the costs of removing asbestos installed as part of the structure of buildings is created by the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq.

When plaintiffs undertook to renovate an apartment building in 1984 known as Fenwick House...

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