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ELCA ENTER. v. SISCO EQUIP. RENTAL & SALES

Nos. 94-2556, 94-2709.

53 F.3d 186 (1995)

ELCA ENTERPRISES, INC., Appellant, v. SISCO EQUIPMENT RENTAL & SALES, INC., Appellee. SISCO EQUIPMENT RENTAL & SALES, INC., Third-Party Plaintiff, v. SULLAIR CORPORATION, Third-Party Defendant-Appellee. ELCA ENTERPRISES, INC., Appellee, v. SISCO EQUIPMENT RENTAL & SALES, INC., Defendant. SISCO EQUIPMENT RENTAL & SALES, INC., Third-Party Plaintiff, v. SULLAIR CORPORATION, Third-Party Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 17, 1995.

Attorney(s) appearing for the Case

J. Bradley Pace, Kansas City, MO, argued (John W. McClelland and Richard D. Ralls, on the brief), for appellant.

Teresa M. Schuele, Kansas City, MO and Mark D. Anstoetter, Wichita, KS, argued (Elaine Drodge Koch and Charles P. Efflandt, on the brief), for appellee.

Before BEAM, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and WILL, Senior District Judge.

BEAM, Circuit Judge.

ELCA Enterprises ("ELCA") alleges that two of its former tenants, Sisco Equipment Rental and Sales, Inc. ("Sisco") and Sullair Corporation ("Sullair"), caused petroleum contamination to occur on ELCA's property. The district court granted the defendants' motion for summary judgment on procedural grounds but denied Sullair's motion for attorney's fees. We affirm in part and reverse in part.

I. BACKGROUND

ELCA owned property located...

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