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McDONALD'S CORP. v. WILSON

Civ. No. 90-6079-TC.

814 F.Supp. 935 (1993)

McDONALD'S CORPORATION, a Delaware corporation, Plaintiff, v. Charles Bert WILSON, et al., Defendants. Charles Bert WILSON and Nancy Carol Wilson, husband and wife, Defendants/Third-Party Plaintiffs, v. MOBIL OIL CORPORATION, a New York corporation, dba General Petroleum, Third-Party Defendant.

United States District Court, D. Oregon.

February 23, 1993.

Attorney(s) appearing for the Case

Mark D. Whitlow, Richard A. Hayden, Christopher L. Reive, Bogle & Gates, Portland, OR, for McDonald's Corp.

John T. Foss, William A. McDaniel, Foss, Whitty, Littlefield & McDaniel, and George T. Gant, Thom Gant & Whitty, Coos Bay, OR, for Charles Bert Wilson and Nancy Carol Wilson.

John D. Burns, Jerry B. Hodson, Miller, Nash, Wiener, Hager & Carlsen, Portland, OR, for Mobil Oil Corp.

OPINION AND ORDER

COFFIN, United States Magistrate Judge:

This is a diversity action which McDonald's Corporation initiated in federal court to recover its clean-up costs on a petroleum-contaminated lot it had purchased in Coos Bay, Oregon for the purpose of constructing a fast-food restaurant. This action was brought pursuant to ORS 465.003, et seq. [known as the Oregon Superfund Statute].

The background to this case can be summarized as...

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