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STATE ENVIRON. REG. v. CTL DISTRIBUTION

Nos. 96-2768, 96-2394.

715 So.2d 262 (1998)

STATE of Florida DEPARTMENT OF ENVIRONMENTAL REGULATION n/k/a Department of Environmental Protection, Appellant, v. CTL DISTRIBUTION, INC., f/k/a Chemical Tank Lines, Inc.; Chemical Leaman Tank Lines, Inc.; Fleet Transport Company, Inc.; Highway Transport, Inc.; Kenan Transport Co.; Mason and Dixon Tank Lines, Inc.; and Central Transport, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Clarification Denied June 3, 1998.

Attorney(s) appearing for the Case

Agusta P. Posner, Tallahassee, for appellant.

McGuire, Woods, Battle & Boothe and Donald D. Anderson and Stacy L. Watson, Jacksonville; Waddell & Ready and Billy R. Ready, Auburndale; Arent Fox Kintner Plotkin & Kahn and Marc L. Fleischaker and Laurel A. Bedig, Washington, DC; Shumaker, Loop & Kendrick and C. Philip Campbell, Jr. and Ernest J. Marquart, Tampa; Blank Rome Comisky & McCauley and Ian M. Comisky, Michael L. Krancer and Mary Ann Mullaney, Philadelphia, PA; Winitz, Minkin & Lowe and Joseph Lowe and Cynthia Bernard, Miami; and The Harker Firm and Gary R. Letcher, Potomac, MD, for appellees.

Morgan, Lewis & Bockius and Richard A. Pettigrew and David Ashton and Scott Mitchell, Miami, for amici curiae Gary Salzman, William Wood and Sue Wood.

Before NESBITT, LEVY and SHEVIN, JJ.

NESBITT, Judge.

This case ensued when the State Department of Environmental Protection (formerly the Department of Environmental Regulation) (DEP) initiated an enforcement action against seven trucking companies, the appellees here, alleging that the companies were the responsible parties that had caused a hazardous substance to be released into the soil and groundwater of a vinyl manufacturing facility, Culbertson Plastics Company, in Dade County. Evidence indicated...

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