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STATE OF CAL. v. CAMPBELL

No. 93-16754.

138 F.3d 772 (1998)

STATE OF CALIFORNIA, on Behalf of the CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL, Plaintiff-Appellee, v. Albert CAMPBELL, individually and as Trustee of the Victor Muscat Testamentary Trusts and Executor of the Estate of Victor Muscat; Charles Tackman, individually and as Trustee of the Victor Muscat Testamentary Trusts and Executor of the Estate of Victor Muscat, Defendants-Appellants, Western Resources, Inc., Receiver of the Victor Muscat Testamentary Trusts, Intervening Defendant.

United States Court of Appeals, Ninth Circuit.

Decided March 9, 1998.

Attorney(s) appearing for the Case

Sandra Goldberg, Deputy Attorney General, Oakland, California, for plaintiff-appellee.

Dale C. Campbell, L. Burda Gilbert, Weintraub, Genshlea & Sproul, Sacramento, California, for defendants-appellants.

Thomas H. Clarke, Jr., Susan H. Handelman, Ropers, Majeski, John & Bentley, Redwood City, California, for intervenor.

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

PREGERSON, Circuit Judge:

For almost twenty years, Victor Industries contaminated groundwater by dumping hazardous chemicals onto the ground at its manufacturing plant. The State of California sued the defendants under state environmental and nuisance law to require them to clean up the contaminated water. California also sought reimbursement from the defendants under the Comprehensive Environmental Response, Compensation...

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