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CITIZENS ELEC. v. BITUMINOUS FIRE & MARINE INS. CO.

No. 95-1707.

68 F.3d 1016 (1995)

CITIZENS ELECTRIC CORPORATION, as representative of a class, Plaintiff-Appellant, v. BITUMINOUS FIRE & MARINE INSURANCE COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 20, 1995.

Attorney(s) appearing for the Case

Thomas B. Weaver (argued), Douglas R. Sprong, Armstrong, Teasdale, Schlafly, Davis & Dicus, St. Louis, MO, George M. Von Stamwitz, John F. Cowling, St. Louis, MO, for Citizens Electric Company.

John L. McMullin, A.J. Bronsky (argued), Steven D. Asher, Brown & James, St. Louis, MO, Kristine A. McGee, Brown & James, Belleville, IL, for Bituminous Fire & Marine Ins. Company and Bituminous Casualty Corporation.

Michelle M. Nakfoor, Judith F. Helms, Robert R. Anderson, III (argued), Michael W. Morrison, Tressler, Soderstrom, Maloney & Priess, Chicago, IL, for Lumbermens Mutual Casualty Company.

Jon E. Elenius, Thomas Murphy (argued), Caron & Fitzgerald, Chicago, IL, for Firemans Fund Insurance Company.

Before CUDAHY, FLAUM, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

The premises of Missouri Electric Works in Cape Girardeau, Missouri, are contaminated with polychlorinated biphenyls (PCBs). Some of the PCBs came from transformers that Giles Armature and Electric Works sent to Missouri Electric Works for disassembly. Under § 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9607, Giles Armature is liable for some of the cleanup costs. Problem...

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