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WAGNER SEED CO., INC. v. BUSH

No. 89-5139.

946 F.2d 918 (1991)

WAGNER SEED COMPANY, INC., Appellant, v. George BUSH, as President of the United States of America, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided October 15, 1991.

As Amended October 15, 1991.

Attorney(s) appearing for the Case

Frank L. Amoroso, New York City, with whom Albert Shuldiner and Neal J. Cabral, Washington, D.C., were on the brief, for appellant.

Letitia J. Grishaw, Atty., Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen., J. Carol Williams and Angus E. Crane, Attys., Department of Justice, Washington, D.C., were on the brief, for appellees.

Before BUCKLEY, WILLIAMS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

Dissenting opinion filed by Circuit Judge STEPHEN F. WILLIAMS.

D.H. GINSBURG, Circuit Judge:

After complying with a clean-up order issued by the Environmental Protection Agency under the so-called Superfund law, Wagner Seed Company sought reimbursement of its expenses from the agency. The EPA denied Wagner's claim, concluding that the reimbursement provision of the statute does not apply to...

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