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ALIFF v. JOY MFG. CO.

Nos. 89-2782, 89-2785.

914 F.2d 39 (1990)

Elwin E. ALIFF; Lin-Elco Corporation, Plaintiffs-Appellants, v. JOY MANUFACTURING COMPANY, a Pennsylvania Corporation, Defendant-Appellee. Elwin E. ALIFF; Lin-Elco Corporation, Plaintiffs-Appellants, v. JOY TECHNOLOGIES, INCORPORATED, a Pennsylvania Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 12, 1990.

Attorney(s) appearing for the Case

Gary Allen Davis (argued), Gilreath & Associates, Knoxville, Tenn., for plaintiffs-appellants.

Dennis Charles Sauter (argued), Jackson & Kelly, Charleston, W.Va. (W.T. Shaffer, Thomas J. Hurney, Jr., Jackson & Kelly, Charleston, W.Va., on the brief), for defendant-appellee.

Before ERVIN, Chief Judge, and CHAPMAN and WILKINSON, Circuit Judges.

ERVIN, Chief Judge:

Plaintiffs Elwin E. Aliff and Lin-Elco Corporation (hereinafter collectively referred to as "Aliff") appeal from two decisions rendered by the United States District Court for the Southern District of West Virginia in favor of Joy Technologies, Inc. ("Joy").1 First, the district court dismissed Aliff's suit to recover response costs under Section 107(a) of the Comprehensive...

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