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MORRISON ENTERPRISES v. McSHARES, INC.

Nos. 98-3219, 98-3229.

302 F.3d 1127 (2002)

MORRISON ENTERPRISES, a Kansas general partnership, Plaintiff-Appellant/Cross-Appellee, v. McSHARES, INC., a Kansas corporation, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

August 1, 2002.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Donald W. Bostwick, Clifford L. Malone, Patrick B. Hughes of Adams, Jones, Robinson and Malone, Chartered, Wichita, KS, for the Plaintiff-Appellant/Cross-Appellee.

Thomas D. Kitch, Scott D. Jensen, Lyndon W. Vix of Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, for the Defendant-Appellee/Cross-Appellant.

Before HENRY, HOLLOWAY, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

After a bench trial, the district court granted defendant judgment in plaintiff's suit under the Comprehensive Environmental, Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 9601-9675. We conclude that the district court failed to grant plaintiff a presumption to which he was entitled under CERCLA. Exercising our jurisdiction pursuant to 28 U.S.C. § 1291, we reverse the judgment of the district court...

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