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CALIFORNIA EX REL. TOXIC SUBSTANCES v. CAMPBELL

No. 01-16397.

319 F.3d 1161 (2003)

State of CALIFORNIA, on behalf of the CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL, Plaintiff, v. Albert CAMPBELL, individually and as Trustee of the Victor Muscat Testamentary Trusts and Executor of the Estate of Victor Muscat; Charles Tackman, individually and as Trustee of the Victor Muscat Testamentary Trusts and Executor of the Estate of Victor Muscat; Marjorie Tackman; Alan Tackman; Robert Tibriss, individually and as Trustee of the Victor Muscat Testamentary Trusts and Executor of the Estate of Victor Muscat; Vic Inc, a New Jersey corporation; Clay McGowan; Vic Inc, a New Jersey corporation, Defendants-Appellants, v. Louisiana-Pacific Corporation, Third-Party-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2003.

Attorney(s) appearing for the Case

Dale C. Campbell and Cheryl L. King, Weintraub Genshlea Chediak Sproul, Sacramento, CA, for the defendants-appellants.

Kerry Shea and Aaron Danzer, Thelen, Reid & Priest, LLP, San Francisco, CA, for the third-party-defendant-appellee.

Before B. FLETCHER, RICHARD S. ARNOLD, and RAWLINSON, Circuit Judges.

OPINION

RICHARD S. ARNOLD, Circuit Judge.

This case arises out of contamination of groundwater in Chico, California, with the chemical trichloroethylene (TCE). After extensive investigation, the State of California brought suit against appellants alleging that the land they owned1 was the source of the contamination. In an earlier summary judgment that was affirmed by this Court, they...

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