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STATE, DEPT. OF ENVIR. v. EASTMAN CHEMICAL

No. 96-2969.

699 So.2d 1051 (1997)

STATE of Florida, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant, v. EASTMAN CHEMICAL COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

October 8, 1997.

Attorney(s) appearing for the Case

Agusta P. Posner, Assistant General Counsel, Tallahassee, for Appellant.

Hunton & Williams and Rita A. Sheffey and Charles A. Perry, Atlanta, GA; Akerman, Senterfitt & Eidson and Virginia B. Townes, Orlando, for Appellee.

Before SCHWARTZ, C.J., LEVY, J., and BARKDULL, Senior Judge.

SCHWARTZ, Chief Judge.

In entering summary judgment for the defendant Eastman Chemical Company, the trial court held as a matter of law that the manufacturer of a hazardous or toxic chemical is not liable under Florida's mini-CERCLA Acts, sections 376.308 and 403.727, Florida Statutes (1995), for groundwater contamination which occurs when its product is shipped to a purchaser in trucks operated by independent contractors, arrives at the purchaser's location—...

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