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LANSFORD-COALDALE WATER AUTHORITY v. TONOLLI CORP.

Nos. 92-7605, 92-7671.

4 F.3d 1209 (1993)

LANSFORD-COALDALE JOINT WATER AUTHORITY, Appellant in No. 92-7605 v. TONOLLI CORPORATION; Tonolli Canada, Ltd.; IFIM International B.V., Appellants in No. 92-7671.

United States Court of Appeals, Third Circuit.

Decided September 17, 1993.

Attorney(s) appearing for the Case

John M. Hyson (argued), Villanova, PA, Anthony J. Mazullo, Jr., Doylestown, PA, for appellant in No. 92-7605.

Bernard A. Labuskes, Jr. (argued), Terry R. Bossert, Scott A. Gould, McNees, Wallace & Nurick, Harrisburg, PA, for appellants in No. 92-7671.

Before: BECKER, ALITO and ROTH, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

The plaintiff, the Lansford-Coaldale Joint Water Authority ("Authority"), provides public water in Carbon County, Pennsylvania. The Authority's groundwater production and supply wells are adjacent to a site formerly used for lead smelting that is owned by Tonolli Pennsylvania ("Tonolli PA"). After learning that there had been releases of hazardous substances on the Tonolli site and that Tonolli PA had applied for...

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