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BRIARGROVE SHOPPING CENTER v. PILGRIM ENTERPRISES

No. 98-20262.

170 F.3d 536 (1999)

BRIARGROVE SHOPPING CENTER JOINT VENTURE, Plaintiff-Counter Defendant-Appellee, v. PILGRIM ENTERPRISES, INC., et al., Defendants, Pilgrim Enterprises, Inc.; Pilgrim Laundry Company, Inc.; Pilgrim Equipment Co., Inc., Defendants-Counter Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 7, 1999.

Attorney(s) appearing for the Case

Rudy Alan England, Haynes & Boone, Houston, TX, for Plaintiff-Counter Defendant-Appellee.

Robert E. Morse, III, Crain, Caton & James, Michael A. Pohl, Houston, TX, for Defendants-Counter Claimants-Appellants.

Before JOLLY, DUHÉ and EMILIO M. GARZA, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Pilgrim Enterprises, Inc.1 appeals from a judgment that assessed response costs and damages against Pilgrim in a claim asserted by Briargrove Shopping Center Joint Venture ("Briargrove") under the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C.A. §§ 9601-9675 (West 1995 & Supp.1998). Although the district court...

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