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STATE OF CAL. v. HYAMPOM LUMBER CO.

No. CIV. S-94-1579 WBS/PAN.

903 F.Supp. 1389 (1995)

STATE OF CALIFORNIA, on Behalf of the CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL; the Hazardous Substance Account; and the Hazardous Substances Cleanup Fund, Plaintiff, v. HYAMPOM LUMBER COMPANY, a California Corporation; Robert M. Garrett, an individual; Dorothy Davidson, an individual; Walter D. Garrett, an individual; and Van Patton Garrett, an individual, Defendants.

United States District Court, E.D. California.

September 18, 1995.

Attorney(s) appearing for the Case

Reed Sato, Sally Magnani Knox, Attorney General's Office for the State of California, Sacramento, CA, for plaintiffs.

Daniel S. Frost, Carr Kennedy Peterson and Frost, Redding, CA, for defendants Hyampom Lumber Co., Jack E. Beebe.

James A. Brennan, DeCuir and Somach, Sacramento, CA, for defendant Robert E. Garrett.

William Eric Hvidsten and Elizabeth W. Johnson, De Cuir & Somach, Sacramento, CA, for defendants Van Patton Garrett and Walter D. Garrett.

Gregory Scott Spencer, Bank of America NT & SA, San Francisco, CA, Bruce S. Flushman, Washburn Briscoe and McCarthy, San Francisco, CA, for Bank of America NT & SA.

MEMORANDUM AND ORDER

SHUBB, District Judge.

The State of California brings this CERCLA cost recovery action in an effort to recoup expenses it incurred cleaning up a contaminated lumber mill site in Trinity County. The State moves for summary judgment against each defendant on the grounds that there is no dispute of material fact as to liability under 42 U.S.C. § 9607. Defendants oppose the State's motion and also move for summary judgment on...

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