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U.S. v. BURLINGTON NORTHERN R. CO.

Nos. 97-1328, 97-1352 and 97-1353.

200 F.3d 679 (1999)

UNITED STATES of America, Plaintiff-Appellant and Cross-Appellee, and State of Colorado, Intervenor-Appellant and Cross-Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

December 21, 1999.

Attorney(s) appearing for the Case

John T. Stahr (Lois J. Schiffer, Assistant Attorney General, David C. Shilton, Robert Homiak, Jerel L. Ellington, with him on the briefs), for the Department of Justice Environment and Natural Resources Division, Washington D.C., for Plaintiff-Appellant and Cross-Appellee.

Robert J. Eber, Assistant Attorney General, Natural Resources Section (Gale A. Norton, Attorney General, with him on the briefs), for the State of Colorado, Denver, Colorado, for the Intervenor-Appellant and Cross-Appellee.

Gary E. Parish (Sherman G. Finesilver, R. Daniel Scheid, and Eden C. Steele with him on the briefs), LeBoeuf, Lamb, Greene & MacRae, L.L.P., Denver, Colorado, Defendant-Appellee and Cross-Appellant.

Before TACHA, HENRY, and MURPHY, Circuit Judges.

HENRY, Circuit Judge.

This appeal arises from an action filed by the United States, pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERC"), 42 U.S.C. §§ 9601-9675, to recover costs incurred by the Environmental Protection Agency ("EPA") while remediating hazardous substance contamination at the Broderick Wood Products Site (the "Site"), located in Adams County, Colorado. The United States (with the State of Colorado...

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