U.S. v. CANNONS ENGINEERING CORP.

Nos. 89-1979 to 89-1984.

899 F.2d 79 (1990)

UNITED STATES of America, et al., Plaintiffs, Appellees, v. CANNONS ENGINEERING CORP., et al., Defendants, Appellees. Appeal of OLIN HUNT SPECIALTY PRODUCTS, INC., Defendant. UNITED STATES of America, et al., Plaintiffs, Appellees, v. CANNONS ENGINEERING CORP., et al., Defendants, Appellees. Appeal of CYN OIL CORP., Defendant. UNITED STATES of America, et al., Plaintiffs, Appellees, v. CANNONS ENGINEERING CORP., et al., Defendants, Appellees. Appeal of BEGGS & COBB CORPORATION, etc., Defendant. UNITED STATES of America, et al., Plaintiffs, Appellees, v. CANNONS ENGINEERING CORP., et al., Defendants, Appellees. Appeal of SCOTT BRASS, INC., Defendant. UNITED STATES of America, et al., Plaintiffs, Appellees, v. CANNONS ENGINEERING CORP., et al., Defendants, Appellees. Appeal of KINGSTON-WARREN CORPORATION, Defendant. UNITED STATES of America, et al., Plaintiffs, Appellees, v. CANNONS ENGINEERING CORP., et al., Defendants, Appellees. Appeal of CROWN ROLL LEAF, INC., Defendant.

United States Court of Appeals, First Circuit.

Decided March 20, 1990.


Attorney(s) appearing for the Case

Gregory L. Benik, with whom Gerald J. Petros and Hinckley, Allen, Snyder & Comen, Providence, R.I., were on brief, for defendant Olin Hunt Specialty Products, Inc.

Robert C. Barber, with whom Duncan A. Maio and Looney & Grossman, Boston, Mass., were on brief, for defendant Cyn Oil Corp.

Martha V. Gordon, with whom Richard C. Nelson and Merrill & Broderick, Manchester, N.H., were on brief, for defendant Beggs & Cobb Corp.

John D. Deacon, Providence, R.I., for defendant Scott Brass, Inc.

Charles J. Dunn, with whom Jeffrey H. Karlin and Wadleigh, Starr, Peters, Dunn & Chiesa, Manchester, N.H., were on brief, for defendant Kingston-Warren Corp.

Paul S. Samson, with whom Riemer & Braunstein, Boston, Mass., was on brief, for defendant Crown Roll Leaf, Inc.

J. Carol Williams, Atty., Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen., David C. Shilton, Robert Maher, and Jerry Schwartz, Attys., Dept. of Justice, Washington, D.C., Wayne A. Budd, U.S. Atty., Mark Pearlstein, Asst. U.S. Atty., E. Michael Thomas, Sp. Asst. to the General Counsel, E.P.A., and Audrey Zucker, Asst. Regional Counsel, E.P.A., Boston, Mass., were on brief, for the U.S.

James M. Shannon, Atty. Gen., and Nancy E. Harper, Asst. Atty. Gen., Boston, Mass., on brief for Com. of Mass., plaintiff, appellee.

John P. Arnold, Atty. Gen., and George Dana Bisbee, Associate Atty. Gen., Concord, N.H., on brief for State of N.H., plaintiff, appellee.

Robert S. Sanoff, with whom Laurie Burt and Foley, Hoag & Eliot, Boston, Mass., were on brief, for twenty-five parties comprising "Cannons Sites Group," defendants, appellees.

Rosanna Sattler and Posternak, Blankstein & Lund, Boston, Mass., on brief for First Londonderry Development Corp. et al., defendants, appellees.

Peter Cowan and Sheehan, Phinney, Bass & Green, Manchester, N.H., on brief for "Tinkham Parties," so-called, defendants, appellees.

Before TORRUELLA and SELYA, Circuit Judges, and BOWNES, Senior Circuit Judge.


SELYA, Circuit Judge.

"Superfund" sites are those which require priority remedial attention because of the presence, or suspected presence, of a dangerous accumulation of hazardous wastes. Expenditures to clean up such sites are specially authorized pursuant to 42 U.S.C. § 9611 (1987). After the federal government, through the United States Environmental Protection Agency (EPA),1 identified four such sites in Bridgewater, Massachusetts...

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