No. 02-7133.

394 F.3d 858 (2005)

Jack YOUNG and Debbie Young, Husband and Wife; Dayle James and Barbara James, Husband and Wife, Plaintiffs-Appellants, v. UNITED STATES Of America; Christine Todd Whitman, Administrator of the United States Environmental Protection Agency, in her official capacity; United States Environmental Protection Agency; Gale Norton, Secretary of the Interior, in her official capacity; United States Department of the Interior; J. William McDonald, Acting Commissioner of the United States Bureau of Reclamation, in his official capacity; United States Bureau of Reclamation, an agency of the Department of the Interior; Donald Evans, Secretary of Commerce, in his official capacity; United States Department of Commerce, as successor to the Reconstruction Finance Corporation, successor to Defense Plant Corporation; and City of Henryetta, an Oklahoma municipal corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 4, 2005.

Attorney(s) appearing for the Case

Gerald L. Hilsher (Blake K. Champlin with him on the briefs) of Boone, Smith, Davis, Hurst & Dickman, Tulsa, OK, for Plaintiffs-Appellants.

Todd S. Kim (Thomas L. Sansonetti, Assistant Attorney General, Eric G. Hostetler, Angeline Purdy, and R. Justin Smith with him on the brief) of the United States Department of Justice, Washington D.C., for Federal Defendants-Appellees.

Stephen W. Smith, Henryetta, OK, for Defendant-Appellee City of Henryetta.

Before KELLY, BALDOCK, and BRISCOE, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiffs Jack Young, Debbie Young, Dayle James, and Barbara James purchased property, at a substantially reduced price, adjacent to a superfund site in Henryetta, Oklahoma. They subsequently discovered hazardous substances on their property, but did not take any action to contain or cleanup those substances. Instead, Plaintiffs sued the Federal Government and the City of Henryetta under the Comprehensive Environmental Response, Compensation...

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