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AMERICAN CYANAMID CO. v. CAPUANO

No. 03-2143.

381 F.3d 6 (2004)

AMERICAN CYANAMID COMPANY, Plaintiff, Rohm And Haas Company, Plaintiff, Appellee, v. Daniel J. CAPUANO, Jr.; Jack Capuano; United Sanitation, Inc., Defendants, Appellants, A. Capuano Bros., Inc.; Capuano Enterprises, Inc., Defendants.

United States Court of Appeals, First Circuit.

Decided August 18, 2004.

Attorney(s) appearing for the Case

Mortimer C. Newton, was on brief, for appellants.

John M. Armstrong, with whom Schnader Harrison Segal & Lewis LLP was on brief, for appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and SARIS, District Judge.

TORRUELLA, Circuit Judge.

In 1977, Warren Picillo, Sr. and his wife agreed to allow part of their pig farm in Coventry, Rhode Island ("Picillo site") to be used as a disposal site for drummed and bulk waste. Later that year, after thousands of barrels of hazardous waste replaced what pigs at one time called home, a monstrous explosion ripped through the Picillo site. The towering flames, lasting several days, brought the waste site to the attention of the Rhode Island...

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