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KALAMAZOO RIVER STUDY GROUP v. ROCKWELL INTERN.

Nos. 01-2453, 02-2192.

355 F.3d 574 (2004)

KALAMAZOO RIVER STUDY GROUP, Plaintiff-Appellant, v. ROCKWELL INTERNATIONAL CORPORATION and Eaton Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 14, 2004.

Attorney(s) appearing for the Case

Alan C. Bennett (briefed), Law, Weathers & Richardson, Grand Rapids, MI, Jerome T. Wolf (argued and briefed), James L. Moeller (briefed), Amy E. Bauman, David S. Ladwig, Katherine I. Funk, Sonnenschein, Nath & Rosenthal, Kansas City, MO, for Appellant.

Kathryn J. Humphrey (briefed), Dykema Gossett, Detroit, MI, Joseph C. Basta (argued and briefed), Dykema Gossett, Ann Arbor, MI, for Appellees.

Before MOORE and GILMAN, Circuit Judges; MILLS, District Judge.

OPINION

MOORE, Circuit Judge.

In 1990, federal and state environmental authorities officially recognized the massive polychlorinated biphenyls ("PCB") contamination of the Kalamazoo River in Michigan by placing a portion of the river on the National Priorities List ("NPL"). The ensuing litigation over which entities were responsible for what share of the considerable investigation and cleanup costs has traced an eight-year oscillation through and between...

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