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KFC WESTERN, INC. v. MEGHRIG

No. 92-56597.

49 F.3d 518 (1995)

KFC WESTERN, INC., Plaintiff-Appellant, v. Alan MEGHRIG; Margaret Meghrig, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 1, 1995.

Attorney(s) appearing for the Case

Daniel Romano, Santa Monica, CA, for plaintiff-appellant.

John P. Zaimes, McClintock, Weston, Benshoof, Rochefort, Rubalcava & MacCuish, Los Angeles, CA, for defendants-appellees.

Before: BROWNING, PREGERSON, and BRUNETTI, Circuit Judges.

PREGERSON, Circuit Judge:

KFC Western, Inc. ("KFC") appeals the district court's dismissal of its action under the Resource Conservation and Recovery Act ("RCRA") to recover environmental clean-up costs from the prior owners of contaminated property sold to KFC. The district court dismissed KFC's action under Federal Rule of Civil Procedure 12(b)(6) because it concluded that RCRA § 7002, codified at 42 U.S.C. § 6972(a)(1)(B), does not authorize private plaintiffs...

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