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CITY OF PHOENIX, ARIZ. v. GARBAGE SERVICES CO.

No. C 89-1709 SC.

827 F.Supp. 600 (1993)

CITY OF PHOENIX, ARIZONA, Plaintiff, v. GARBAGE SERVICES COMPANY, an Arizona corporation; et al., Defendants.

United States District Court, D. Arizona.

April 5, 1993.

Attorney(s) appearing for the Case

Craig J. Reece, City Attorney's Office, Phoenix, AZ, for plaintiff City of Phoenix.

Barry Sandals, Robin Shapiro, and Paula Bennett, Morrison & Foerster, San Francisco, CA, for defendant Valley Nat. Bank.

John Gill, Michael F. Crotty, and Thomas J. Greco, American Bankers Ass'n, Washington, DC, on brief for amicus curiae American Bankers Ass'n.

Michael L. Graham and Philip M. Lindquist, Baker & Botts, Dallas, TX, on brief for amicus curiae National Trust Real Estate Ass'n.

G. Van Velsor Wolf, Jr. and Martha E. Gibbs, Smell & Wilmer, Phoenix, AZ, on brief for amicus curiae Arizona Bankers Ass'n.

Theodore V.H. Mayer, Hughes Hubbard & Reed, New York City, on brief for amici curiae IBJ Schroder Bank and Trust Co., The Northern States Trust Co., and U.S. Trust Co. of New York.

ORDER ON MOTION TO LIMIT TRUSTEE'S LIABILITY TO AMOUNT OF ASSETS HELD IN TRUST

CONTI, District Judge.*

I. INTRODUCTION

This is an action filed by the City of Phoenix pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9607. The City seeks to recover response costs incurred in cleaning up a contaminated landfill site.

Section...

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