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U.S. v. McLAMB

No. 93-1184.

5 F.3d 69 (1993)

UNITED STATES of America; United States Department of Transportation; United States Coast Guard Curtis Bay, Plaintiffs, v. Wilbur McLAMB; Barbara McLamb; Investors Management Corporation, Defendants-Appellants. Otto SKIPPER; Jimmy F. Cain; Peggy Cain; Hubert J. Anderson; Ada Anderson, Defendants, v. WACHOVIA BANK AND TRUST COMPANY, N.A., Third Party Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1993.

Amended by Order filed October 18, 1993.

Attorney(s) appearing for the Case

Auley McRae Crouch, III, Carr, Swails, Huffine & Crouch, Wilmington, NC, argued (Camilla M. Herlevich, on the brief), for defendants-appellants.

Stephen Roland Berlin, Petree Stockton, Winston-Salem, NC, argued (J. Robert Elster, J. Stephen Shi, Petree Stockton, on the brief), for third party defendant-appellee.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

MURNAGHAN, Circuit Judge:

In 1989, the United States filed a civil action pursuant to Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., to recover costs incurred for actions taken in response to the release of hazardous substances on several acres of land known as "Potter's Pits." Potter's Pits is located in Sandy Creek Acres, North Carolina. Named as defendants...

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