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U.S. v. OTTATI & GOSS, INC.

Nos. 89-1063, 89-1065.

900 F.2d 429 (1990)

UNITED STATES of America, Plaintiff, Appellant, v. OTTATI & GOSS, INC., et al., Defendants, Appellees. UNITED STATES of America, Plaintiff, Appellee, v. OTTATI & GOSS, INC., et al., Defendants, Appellees. Appeal of STATE OF NEW HAMPSHIRE, Intervenor/Plaintiff.

United States Court of Appeals, First Circuit.

Decided April 4, 1990.

Attorney(s) appearing for the Case

William B. Lazarus, with whom David B. Hird, Michael O. Hill, Anne S. Almy, Dept. of Justice, Lands Div., Appellate Section, Donald A. Carr, Acting Asst. Atty. Gen., Peter E. Papps, U.S. Atty., Joseph Freedman and Nancy Elizabeth Caldwell, U.S. E.P.A., were on brief for appellant.

Keith A. Jones, with whom Carol Barthel, J.B. Ruhl, Fulbright & Jaworski, Frank E. Kenison, Nixon, Hall & Hess, and Howard E. Post, were on brief for appellee, Intern. Minerals & Chemical Corp.

Before CAMPBELL, Chief Judge, BROWN, Circuit Judge, and BREYER, Circuit Judge.

BREYER, Circuit Judge.

Nearly ten years ago the Environmental Protection Agency ("EPA") began this lawsuit by asking a court to require several companies to clean up a thirty-four acre hazardous waste site near Kingston, New Hampshire. The suit eventually consisted of two claims that are relevant here, both made under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"). First, EPA said that "actual or threatened release[s]"...

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