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OSI, INC. v. U.S.

No. 01-13032.

285 F.3d 947 (2002)

OSI, INC., a corporation, Plaintiff-Appellant, v. The UNITED STATES of America, Donald Rumsfeld, Honorable, as Secretary of Defense, F. Whitten Peters, Honorable, as Acting Secretary of the Air Force, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 12, 2002.

Attorney(s) appearing for the Case

Robert P. Fowler, Birmingham, AL, for Plaintiff-Appellant.

David S. Fishback, J. Charles Kruse, J. Patrick Glynn, U.S. Dept. of Justice, Todd S. Kim, U.S. Dept. of Justice, ENRD-Appellate Section, Washington, DC, for Defendants-Appellees.

Before ANDERSON, Chief Judge, DUBINA, Circuit Judge, and MILLS, District Judge.

ANDERSON, Chief Judge:

OSI, Inc. is the current owner of property adjacent to Maxwell Air Force Base near Montgomery, Alabama. The soil and groundwater have been contaminated by Air Force landfills on and near their property. OSI filed this suit alleging state law tort claims against the United States, pursuant to the Federal Torts Claims Act (FTCA), 28 U.S.C. §§ 2671-2680. They later amended their complaint to...

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