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U.S. v. NAVISTAR INTERN. TRANSP. CORP.

No. 97-3829.

152 F.3d 702 (1998)

UNITED STATES of America and State of Indiana, Plaintiffs-Appellees, v. NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 1998.

Rehearing Denied October 16, 1998.

Attorney(s) appearing for the Case

Robert N. Trgovich, Office of the United States Attorney, Fort Wayne, IN, John A. Bryson, Jeffrey C. Dobbins (argued), Department of Justice, Land & Natural Resources Division, Washington, DC, David S. Christensen, United States Department of Justice, Environmental Enforcement Section, Washington, DC, for U.S.

Rachel Zaffrann (argued), Office of the Attorney General, Indianapolis, IN, for State of Indiana.

Joseph A. Sullivan, Mary R. Alexander (argued), Stephen A. Swedlow, Latham & Watkins, Chicago, IL, Arthur G. Surguine, Jr., Hunt Suedhoff, Fort Wayne, IN, for Defendants-Appellants.

Before RIPPLE, KANNE and EVANS, Circuit Judges.

RIPPLE, Circuit Judge.

This is an interlocutory appeal. The United States and the State of Indiana (the "governments") filed separate actions under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601-9675, to recover costs incurred by them in connection with environmental clean-up and remediation of a site in Fort Wayne, Indiana. In addition to its federal CERCLA claim, Indiana also brought a state law action...

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