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NORFOLK SOUTHERN CORP. v. CHEVRON, U.S.A., INC.

No. 03-14473.

371 F.3d 1285 (2004)

NORFOLK SOUTHERN CORPORATION, Georgia Southern and Florida Railway Company, Plaintiffs-Appellants, v. CHEVRON, U.S.A., INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 3, 2004.

Attorney(s) appearing for the Case

Brett Alexander Spain, Gary Alvin Bryant, Norfolk, VA, James C. Rinaman, Jr., Marks, Gray, P.A., Jacksonville, FL, for Plaintiffs-Appellants.

John F. MacLennan, Smith, Hulsey & Busey, Tim E. Sleeth, Jacksonville, FL, Stephen Jerome Darmody, Shook, Hardy & Bacon, John M. Barkett, Nadine Vail Gardner, Coll, Davidson, Smith, Salter & Barkett, P.A., Miami, FL, for Defendant-Appellee.

Before TJOFLAT and HILL, Circuit Judges, and MILLS, District Judge.

TJOFLAT, Circuit Judge:

The St. Johns River Terminal Company leased a tract of land (the "Leased Site") in Jacksonville, Florida, to the Gulf Oil Corporation from 1906 to 1961. Gulf constructed above-ground tanks on the land to store oil and fuel. In 1977, the United States Coast Guard informed St. Johns that oil was leaking from the Leased Site onto the surface of the nearby Long Branch Creek and required St. Johns to remediate the leakage at its own expense. St...

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