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FISHER DEVELOPMENT CO. v. BOISE CASCADE CORP.

No. 93-5163.

37 F.3d 104 (1994)

FISHER DEVELOPMENT CO., a New Jersey Limited Partnership v. BOISE CASCADE CORPORATION; Chesapeake Industries, Inc.; Keystone Millwork Company; Reliance Universal Chemicals, jointly and severally and in the alternative. BOISE CASCADE CORPORATION, Defendant/Third-Party Plaintiff v. PACIFIC WOOD PRODUCTS COMPANY, a/k/a Davidson P.W.P.; Plywood Panels, Inc., Third-Party Defendants. Fisher Development Co., Appellant.

United States Court of Appeals, Third Circuit.

Decided September 21, 1994.

Attorney(s) appearing for the Case

Abraham C. Reich (Argued), Stephanie Resnick, Samuel H. Israel, Fox, Rothschild, O'Brien & Frankel, Philadelphia, PA, and Richard J. Jubanyik, Jubanyik, Varbalow, Tedesco, Shaw & Shaffer, Cherry Hill, NJ, for appellant Fisher Development Co.

George J. Miller, Dechert, Price & Rhoads, Philadelphia, PA, Bruce W. Clark (Argued) Dechert, Price & Rhoads, Princeton, NJ, for appellee Boise Cascade Corp.

BEFORE: SLOVITER, Chief Judge, and STAPLETON, Circuit Judge, and RESTANI, Judge, United States Court of International Trade.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Fisher Development Company ("Fisher") sued Boise Cascade Corp. ("Boise") to recover response costs it incurred in voluntarily remediating a hazardous waste site it owned. Fisher claimed that Boise, the sublessee of the site from 1974 to 1977, was a responsible party pursuant to Section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. § 9607...

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