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PEOPLE OF STATE OF CAL. v. BLECH

No. 91-55565.

976 F.2d 525 (1992)

PEOPLE OF the STATE OF CALIFORNIA, Plaintiff, and W.J. Anthony, Director of the California Department of General Services, Plaintiff-Appellant, v. Arthur BLECH, Sole General Partner of Commonwealth Enterprises, a California Ltd. Partnership; and Commonwealth Enterprises, a California Limited Partnership, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1992.

Attorney(s) appearing for the Case

Christopher C. Foley, Deputy Atty. Gen., Los Angeles, Cal., for plaintiff-appellant.

Arthur N. Greenberg, Peter Niemiec, Carol W. Davies, Greenberg, Glusker, Fields, Claman & Machtinger, Los Angeles, Cal., for defendants-appellees.

Before: BROWNING, and FARRIS, Circuit Judges, MacBRIDE, Senior District Judge.

PER CURIAM:

I

The issue in this case is whether the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601-9675 ("CERCLA"), as interpreted in 3550 Stevens Creek Associates v. Barclays Bank of California, 915 F.2d 1355 (9th Cir.1990), creates a right of action by a tenant against a landlord to recover the costs of cleaning up asbestos dust accidentally released into...

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