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VILLAGE OF MILFORD v. K-H HOLDING CORP.

No. 03-1597.

390 F.3d 926 (2004)

VILLAGE OF MILFORD, Plaintiff-Appellant, v. K-H HOLDING CORPORATION, a foreign corporation; TRW, Inc., a foreign corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 23, 2004.

Attorney(s) appearing for the Case

ARGUED: Matthew J. Lund, Pepper Hamilton, LLP, Detroit, Michigan, for Appellant. Kenneth H. Adamczyk, Butzel Long, Bloomfield Hills, Michigan, for Appellees. ON BRIEF: Matthew J. Lund, Scott L. Gorland, Pepper Hamilton, LLP, Detroit, Michigan, for Appellant. Kenneth H. Adamczyk, Michael F. Smith, Butzel Long, Bloomfield Hills, Michigan, for Appellees.

Before: SUTTON and COOK, Circuit Judges; ALDRICH, District Judge.

OPINION

COOK, Circuit Judge.

This case concerns a Michigan law trespass claim and claims under the Comprehensive Environmental Response and Liability Act ("CERCLA") and Michigan's Natural Resources and Environmental Protection Act ("NREPA").

The district court granted judgment as a matter of law in favor of Defendant-Appellees K-H Holding Corporation and TRW, Inc. ("K-H" collectively) on Plaintiff-Appellant Village of Milford's trespass claim because...

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