PORTSMOUTH REDEV. & HOUSING AUTH. v. BMI APTS.

Civ. A. No. 2:93CV242.

847 F.Supp. 380 (1994)

PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY, a political subdivision of the Commonwealth of Virginia and Commonwealth Gas Services, Inc., Plaintiffs, v. BMI APARTMENTS ASSOCIATES, a Virginia general partnership et al., Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

March 25, 1994.


Attorney(s) appearing for the Case

Ralph Walling Buxton, Susan Taylor Hansen, Cooper, Spong & Davis, Portsmouth, VA, for Portsmouth Redevelopment.

James Edward Anklam, John W. Edwards, George Van Cleve, Jones, Day, Reavis and Pogue, Washington, DC, Andrew J. Sonderman, John L. Shailer, Columbus, OH, for Commonwealth Gas.

Bradfute Warwick Davenport, Jr., James Edward Ryan, Jr., Alan Dale Abert, Mays & Valentine, Richmond, VA, for BMI Apts., Berlin-Miles-Richels, Inc., B.L. Richards, E.C. Handley, Arnold Amdursky, H.G. Berlin, L.B. Taylor, E. Ransdell, III, S. Schreier, N. Schreier, J. Pitler, R.G. Richels, Morris Richels, B. Kolish, H.D. Embree, M.D. Embree, R.L. King, H.E. Gordon, C.O. Pariser and R.J. Berlin.

Thomas Rollins Watkins, Nanci Snow Bockelie, Patten, Wornom & Watkins, Newport News, VA, for Martin and Rose Shebar, Irvin Cohen, Eleanor Cohen, Sidney Coren, Shirley Coren, J. Garner and B. Kramer.


MEMORANDUM OPINION AND ORDER

PAYNE, District Judge.

This action was initiated by the Portsmouth Redevelopment and Housing Authority ("the Authority") and Commonwealth Gas Services, Inc. ("Commonwealth Gas") as a private cost recovery action under 42 U.S.C. § 9601 et seq. ("CERCLA"), seeking a declaration of the liabilities of the parties for the cost of cleaning up alleged hazardous waste at the Patio Plaza Apartments ("the Site"), which is located...

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