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PUBLIC SERVICE CO. OF COLORADO v. GATES RUBBER CO.

No. 98-1015.

175 F.3d 1177 (1999)

PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, Plaintiff-Appellant, v. GATES RUBBER COMPANY, a Colorado corporation; Gates Energy Products, Inc., a Colorado corporation; The Gates Corporation, a Delaware corporation; The Denver and Rio Grande Western Railroad Company, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 26, 1999.

Attorney(s) appearing for the Case

Kathryn A. Elzi, Koncilja & Associates, P.C., Denver, Colorado, for Plaintiff-Appellant.

Roger L. Freeman and Dean C. Miller on the brief, Davis, Graham & Stubbs, LLP, Denver, Colorado, for Defendant-Appellee The Denver and Rio Grande Western Railroad Company.

Thomas C. Reeve (Linda J. Swanson and Kathleen E. Craigmile, with him on the brief), Bennington Johnson & Reeve, P.C., Denver, Colorado, for Defendants-Appellees The Gates Corporation, d/b/a The Gates Rubber Company and Gates Energy Products, Inc.

Kathleen M. Snead, Denver, Colorado, on the brief for Defendant-Appellee The Denver and Rio Grande Western Railroad Company.

Before PORFILIO, MCKAY and BRISCOE, Circuit Judges.

JOHN C. PORFILIO, Circuit Judge.

After cleaning up a site contaminated by hazardous substances, Public Service Company of Colorado (PSCO) filed suit under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601-9675, to hold the Gates Rubber Company and the Denver and Rio Grande Western Railroad Company (Defendants) jointly and severally liable and for contribution...

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