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U.S. v. STRINGFELLOW

No. 89-55500.

911 F.2d 225 (1990)

UNITED STATES of America, et al., Plaintiffs, and State of California, Plaintiff-Counter-Defendant-Appellant, v. J.B. STRINGFELLOW, Jr., et al., Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 1990.

Attorney(s) appearing for the Case

Marcelle E. Mihaila and Kenneth S. Klein, Gray, Cary, Ames & Frye, San Diego, Cal., for plaintiff-counter-defendant-appellant.

Robert P. Dahlquist and Richard W. Raushenbush, Latham & Watkins, San Diego, Cal., for defendants-counter-claimants-appellees.

Before BROWNING and PREGERSON, Circuit Judges, and COPPLE, District Judge.

PER CURIAM:

Kammer, an attorney for the State of California, filed a motion for judgment on the pleadings on the ground appellees' counterclaims against the State were preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The magistrate, whose findings were adopted by the district court, denied the motion and sanctioned Kammer for failing to cite a Northern District of Illinois case and certain CERCLA provisions....

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