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U.S. v. MARINE SHALE PROCESSORS

No. 94-30419.

81 F.3d 1361 (1996)

UNITED STATES of America, et al., Plaintiffs, United States of America, Plaintiff-Appellee, Cross-Appellant, v. MARINE SHALE PROCESSORS, Defendant-Appellee, Southern Wood Piedmont Company, Intervenor-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

April 18, 1996.

Attorney(s) appearing for the Case

Henry C. Perret, Jr., Boyd A. Bryan, Perret, Doise, Daigle, Longman, Russo & Zaunbrecher, Lafayette, LA, Jerrold J. Ganzfried, Howrey & Simon, Washington, D.C., for Appellant.

John Baird King, Chief Atty., Dept. of Env. Quality, Baton Rouge, LA, for Amicus-State of La. (in support of U.S.A.).

Peter Appel, David C. Shilton, Dept. of Justice, Steven C. Silverman, Environmental Enforcement Section, Washington, DC, for U.S.A.

Christopher H. Marraro, Thomas J. Horton, Washington, DC, K. Eric Gisleson, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Marine Shale.

Before REYNALDO G. GARZA, KING and HIGGINBOTHAM, Circuit Judges.

HIGGINBOTHAM, Circuit Judge:

This is an appeal and cross-appeal from a Rule 54(b) judgment in favor of a company attempting to clean up its hazardous waste sites. It is one of the trio of cases described in United States v. Marine Shale Processors, Inc., No. 94-30664. We vacate the judgment and remand.

I

From 1923 to 1985, Southern Wood Piedmont Company operated several wood treatment facilities designed...

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