U.S. v. SHAFFER EQUIPMENT CO.

Nos. 92-2024, 93-1007, and 93-1049.

11 F.3d 450 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. SHAFFER EQUIPMENT COMPANY; Anna Shaffer; Berwind Land Company; Berwind Corporation; The Johns Hopkins University, Defendants-Appellees. (Two Cases) UNITED STATES of America, Plaintiff-Appellee, v. BERWIND LAND COMPANY; Berwind Corporation, Defendants-Appellants, and Shaffer Equipment Company; Anna Shaffer; The Johns Hopkins University, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 9, 1993.


Attorney(s) appearing for the Case

John Alan Bryson, U.S. Dept. of Justice, Washington, DC, argued (Vicki A. O'Meara, Myles E. Flint, Acting Asst. Attys. Gen., Roger Clegg, Deputy Asst. Atty. Gen., Ellen M. Mahan, U.S. Dept. of Justice, William A. White, Enforcement Counsel, Lisa Friedman, Associate Gen. Counsel, Marcia E. Mulkey, Regional Counsel, U.S.E.P.A., on the brief), for plaintiff-appellant.

John Hampton Tinney, Spilman, Thomas, Battle & Klostermeyer, Charleston, WV, argued (Carl L. Fletcher, Jr., Robert A. Lockhart, Allyn G. Turner, Spilman, Thomas, Battle & Klostermeyer, for appellees Berwind Corp. and Berwind Land Co.; Johnnie E. Brown, Cynthia M. Salmons, McQueen & Brown, L.C., for appellees Shaffer Equipment and Anna Shaffer; Robert G. McLusky, Patrick W. Pearlman, Jackson & Kelly, for appellee Johns Hopkins, on the brief), for defendants-appellees.

Before ERVIN, Chief Judge, and PHILLIPS and NIEMEYER, Circuit Judges.


OPINION

NIEMEYER, Circuit Judge:

In an action brought by the United States Environmental Protection Agency ("EPA") under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., to recover over $5 million in costs incurred in cleaning up a hazardous waste site in Minden, West Virginia, the district court found that the government's attorneys deliberately and in bad faith breached their duty of candor...

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