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IN RE JOSHUA HILL, INC.

No. 00-3677.

294 F.3d 482 (2002)

In re JOSHUA HILL, INC. Joshua Hill, Inc.; Marc A. Zaid, Appellants, v. Whitemarsh Township Authority; William J. Carmint; George K. Palmer; Richard M. Lam; Christian K. Wagner, As Members of the Whitemarsh Township Authority Board; Whitemarsh Township; R. Bruce Ferguson; Maryellen Antal; John S. Gabel; Robert Wiser; Chuck Pellegrini, In Their Capacity as Current Members of the Whitemarsh Township Board of Supervisors.

United States Court of Appeals, Third Circuit.

Filed: June 24, 2002.

Attorney(s) appearing for the Case

Albert G. Bixler, (argued), Eckert Seamans Cherin & Mellott, LLC, Philadelphia, PA, for appellants Joshua Hill, Inc., Marc A. Zaid.

Anthony R. Sherr, (argued), Mayers, Mennies & Sherr, LLP, Blue Bell, PA, for appellees Whitemarsh Township Authority, William J. Carmint, George K. Palmer, Richard M. Lam, Christian K. Wagner, As Members of the Whitemarsh Township Authority Board, Whitemarsh Township, R. Bruce Ferguson, Maryellen Antal, John S. Gabel, Robert Wiser, Chuck Pellegrini, In Their Capacity as Current Members of the Whitemarsh Township Board of Supervisors.

BEFORE: ALITO, ROTH, Circuit Judges, and SCHWARZER, District Judge.

OPINION OF THE COURT

SCHWARZER, Senior District Judge.

This appeal requires us to determine the meaning and application of the word "release" in the Pennsylvania Hazardous Sites Clean-Up Act, 35 P.S. § 6020.101, et seq. ("HSCA" or "the Act"). Marc A. Zaid and Joshua Hill, Inc. ("plaintiffs") appeal from the District Court's judgment, rendered after a bench trial, in favor of defendants Whitemarsh Township, Whitemarsh Authority, and various Whitemarsh...

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