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MANOR CARE, INC. v. YASKIN

No. 91-5128.

950 F.2d 122 (1991)

MANOR CARE, INC., Appellant, v. Judith YASKIN, as Commissioner of the New Jersey Department of Environmental Protection; Ronald T. Corcory, as Assistant Director, Division of Hazardous Waste Management of the State of New Jersey; Dennis Hart, as Acting Assistant Director, Division of Hazardous Waste Management of New Jersey, Appellees.

United States Court of Appeals, Third Circuit.

Decided December 4, 1991.

Attorney(s) appearing for the Case

Charles Lee Thomason, Thomas F. Quinn, Wilson, Elser, Moskowitz, Edelman & Dicker, Newark, N.J., for appellant.

Robert J. Del Tufo, Atty. Gen. of New Jersey, Mary C. Jacobson, John Alexander MacDonald, Deputy Attys. Gen., Trenton, N.J., for appellees.

Before MANSMANN and ALITO, Circuit Judges and DIAMOND, District Judge.

Submitted Under Third Circuit Rule 12(6) August 6, 1991.

OPINION OF THE COURT

ALITO, Circuit Judge:

This case presents the question whether the federal Comprehensive Environmental Resource, Compensation, and Liability Act ("CERCLA" or "Superfund"), 42 U.S.C. § 9601-9675, preempts the issuance of certain directives by the New Jersey Department of Environmental Protection under authority implicitly conferred by the New Jersey Spill Compensation...

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