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COSE v. GETTY OIL CO.

No. 91-16575.

4 F.3d 700 (1993)

Don A. COSE and Darlene A. Cose, Plaintiffs-Appellants, v. GETTY OIL COMPANY, a Delaware Corporation, et al., Defendants, and Texaco, Inc., a Delaware Corporation; Four Star Oil and Gas Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 11, 1993.

As Amended October 1, 1993.

Attorney(s) appearing for the Case

Robert Mehlhaff, Souza, Coats, McInnis & Mehlhaff, Tracy, CA, for plaintiffs-appellants.

Ward L. Benshoff, McClintock, Weston, Benshoof, Rochefort, Rubalcava & MacCuish, Los Angeles, CA, for defendants-appellees, Texaco, Inc. and Four Star Oil and Gas Co.

Before: SCHROEDER, PREGERSON, and D.W. NELSON, Circuit Judges.

PREGERSON, Circuit Judge:

Don A. Cose and Darlene A. Cose ("the Coses") appeal the district court's grant of summary judgment dismissing their Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., action against the Getty Oil Company ("Getty Oil"), et al. The CERCLA action sought recovery for response costs needed to clean subsurface crude oil tank bottom waste discovered on property purchased from Getty...

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