RICHLAND-LEXINGTON AIRPORT DIST. v. ATLAS PROPERTIES

No. 89-2624.

901 F.2d 1206 (1990)

RICHLAND-LEXINGTON AIRPORT DISTRICT, Plaintiff-Appellant, v. ATLAS PROPERTIES, INC., d/b/a Carolina Chemicals, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 24, 1990.

As Amended May 9, 1990.


Attorney(s) appearing for the Case

Robert Julian Thomas (argued), Clifford O. Koon, Jr. and V. Jean Burkins (on brief), Rogers, Thomas, Cleveland, Koon, Waters & Tally, Columbia, S.C., for plaintiff-appellant.

Frank Rogers Ellerbe, III (argued) and D. Reece Williams, III (on brief), Robinson, McFadden & Moore, P.C., Columbia, S.C., for defendant-appellee.

Before WIDENER and WILKINSON, Circuit Judges, and SPENCER, United States District Judge for the Eastern District of Virginia, sitting by designation.


WIDENER, Circuit Judge:

Richland-Lexington Airport District (Airport) appeals from the district court's entry of judgment notwithstanding the verdict in a case in which it sought to recover costs incurred in removal of hazardous wastes from its property. Airport argues that the district court erred in holding that government approval for a cleanup is a prerequisite to private cost recovery under the Comprehensive Environmental Response Compensation and Liability Act...

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