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GENERAL ELECTRIC COMPANY v. E.P.A.

No. 03-5114.

360 F.3d 188 (2004)

GENERAL ELECTRIC COMPANY, Appellant, v. ENVIRONMENTAL PROTECTION AGENCY and Michael O. Leavitt, Administrator, U.S. Environmental Protection Agency, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 2, 2004.

Attorney(s) appearing for the Case

Laurence H. Tribe argued the cause for appellant. With him on the briefs were Benjamin W. Heineman, Jr., Brackett B. Denniston III, Stephen D. Ramsey, Carter G. Phillips, Angus Macbeth, Thomas G. Echikson, and Brian T. Fitzpatrick.

Todd S. Kim, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Jeffrey Bossert Clark, Deputy Assistant Attorney General, Wendy L. Blake and John A. Bryson, Attorneys, and Alan Carpien, Attorney, U.S. Environmental Protection Agency.

Before: GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

The General Electric Company appeals the dismissal of its amended complaint alleging that the administrative orders regime of §§ 106, 107(c)(3), and 113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. §§ 9606, 9607(c)(3), and 9613(h), violates the Due Process Clause of the Fifth Amendment. The only issue on appeal is whether the district...

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