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KOPPERS INDUSTRIES, INC. v. U.S. E.P.A.

No. 89-15845.

902 F.2d 756 (1990)

KOPPERS INDUSTRIES, INC., Plaintiff-Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 7, 1990.

Attorney(s) appearing for the Case

Chester R. Babst, III, Babst, Calland, Clements & Zomnir, Pittsburgh, Pa., for plaintiff-appellant.

Ellen J. Durkee, Appellate Section, Lands & Natural Resources Div., Washington, D.C., for defendant-appellee.

Before WRIGHT, HUG and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

Koppers Industries, Inc. ("Koppers") appeals from the district court's order denying its motion to quash and suppress all evidence arising from the execution of an administrative warrant issued to the Environmental Protection Agency (EPA) pursuant to section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA" or "Superfund"), 42 U.S.C. § 9604, as amended by the Superfund Amendments and Reauthorization...

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