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U.S. v. CAROLINA TRANSFORMER CO.

No. 91-1046.

978 F.2d 832 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. CAROLINA TRANSFORMER COMPANY; Dewey Strother; Kenneth Ray Strother; Faytranco, Incorporated, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 20, 1992.

As Amended November 3, 1992.

Attorney(s) appearing for the Case

James McDaniel Johnson, Bryan, Jones, Johnson & Snow, Dunn, N.C., argued, for defendants-appellants.

Edward J. Shawaker, Environmental & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., argued (Richard B. Stewart, Asst. Atty. Gen., John A. Bryson, Jon A. Mueller, Evelyn S. Ying, Environmental & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Margaret P. Currin, U.S. Atty., Stephen A. West, Asst. U.S. Atty., Raleigh, N.C., on brief), for plaintiff-appellee.

Before WIDENER and NIEMEYER, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION

WIDENER, Circuit Judge:

This case, which arises under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., stems from the removal of soil contaminated with polychlorinated biphenyls (PCBs) from a site formerly owned and operated by Carolina Transformer, Inc. From 1959 until 1984, Carolina Transformer salvaged and repaired used electrical transformers at the site. During the salvage and...

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