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SYMS v. OLIN CORP.

Docket No. 03-6234.

408 F.3d 95 (2005)

Eileen SYMS, individually and as Administrator of the Estate of John Syms; the Somerset Group, Inc.; Unitool Corporation; Lew-Port Construction Corporation; C & S Machinery Corporation; Syms Equipment Rental Corporation; Lew-Port Electric Corporation, Plaintiff-Appellants, v. OLIN CORPORATION; United States Department of Defense; Donald Rumsfeld, in his official capacity as Secretary of Defense; United States Department of the Army; Thomas E. White, in his capacity as Secretary of the Army; United States Department of Air Force; Dr. James G. Roche, in his official capacity as Secretary of the Air Force; United States Nuclear Regulatory Commission; Richard Meserve, in his official capacity as chairman of the United States Nuclear Regulatory Commission; United States of America, Defendant-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 18, 2005.

Attorney(s) appearing for the Case

Alan J. Knauf and Linda R. Shaw, Knauf Shaw LLP, Rochester, N.Y. (Ronald L. Kuis, Pittsburgh, PA, on the brief), for Plaintiff-Appellants.

JoAnn T. Sandifer, Husch & Eppenberger, LLC, (David R. Dyroff, Jr., Michael D. Montgomery, on the brief), St. Louis, MO, for Defendant-Appellee Olin Corporation.

David S. Fishback, Assistant Director, Environmental Torts Section, Civil Division, and Todd S. Aagaard, Environment & Natural Resources Division, Department of Justice (Peter D. Keisler, Assistant Attorney General, Civil Division; J. Patrick Glynn, Director, and Timothy B. Walthall, Attorney, Environmental Torts Section, Civil Division; Thomas L. Sansonetti, Assistant Attorney General, and Michele Walter, Attorney, Environment & Natural Resources Division, on the brief), Washington, D.C., for Federal Appellees.

Before: FEINBERG, LEVAL, STRAUB, Circuit Judges.

LEVAL, Circuit Judge.

Plaintiff-appellants, all persons and entities related to John Syms and the Somerset Group (collectively "Somerset"), appeal from the grant of summary judgment by the United States District Court for the Western District of New York (Richard J. Arcara, J.) in favor of the defendant-appellees (collectively "defendants"). The suit sought primarily to recover necessary response costs Somerset had allegedly incurred in the cleanup of hazardous...

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