STATE OF MINN. v. KALMAN W. ABRAMS METALS, INC.

No. 97-3545.

155 F.3d 1019 (1998)

STATE OF MINNESOTA, Plaintiff-Appellant, v. KALMAN W. ABRAMS METALS, INC.; Blum Holdings, Inc.; A & D Recycling, Inc.; Martin Bush Iron & Metal Company; Metalsmith Recycling Co., Defendants-Appellees, Kirschbaum-Krupp Metal Co.; Leder Brothers Company, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided September 17, 1998.


Attorney(s) appearing for the Case

Alan Richard Mitchell, Asst. Atty. Gen., St. Paul, MN., argued (Janette Kay Brimmer, on the brief), for appellant.

Rick E. Kubler, Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, MN, argued (Tami L. Norgard, on the brief), for Blum Holdings, Inc. and A & D Recycling, Inc.

Timothy Robert Thornton, Minneapolis, MN, argued (Scott G. Bowman, on the brief), for Kalman W. Abrams and Martin Bush Iron & Metal Company.

Before BOWMAN, Chief Judge, HEANEY and LOKEN, Circuit Judges.


LOKEN, Circuit Judge.

The State of Minnesota has sued to recover costs incurred by the Minnesota Pollution Control Agency (MPCA) in cleaning up lead-contaminated soils. The defendants are present and former owners of companies that furnished scrap wire to the site's proprietor for an environmentally unsound recycling process. The State asserts claims under the federal "superfund" law, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980...

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