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JOHN S. BOYD CO., INC. v. BOSTON GAS CO.

No. 92-2150.

992 F.2d 401 (1993)

The JOHN S. BOYD COMPANY, INC., et al., Plaintiffs, Appellees, v. BOSTON GAS COMPANY, et al., Defendants, Appellees, New England Electric System, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided May 26, 1993.

Attorney(s) appearing for the Case

Scott P. Lewis, with whom Palmer & Dodge, Boston, MA, and John F. Sherman III, Westborough, MA, were on brief for appellants.

Gerald P. Tishler, with whom James W. Stoll, Jonathan J. Kane, Brown, Rudnick, Freed & Gesmer, Lawrence E. McCormick, and Wendy B. Levine, Boston, MA, were on brief for appellees.

Before TORRUELLA, CYR and BOUDIN, Circuit Judges.

TORRUELLA, Circuit Judge.

In this appeal we determine whether appellants must pay the entire cost of cleaning up two different environmental hazards: coal gas waste and oil gas waste. As the district court correctly apportioned liability under the governing principles of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. § 9601 et seq., and the Massachusetts Superfund Act, Mass.Ann.L. ch. 21E (1993),...

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