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E.I. DUPONT DE NEMOURS AND CO. v. U.S.

No. 04-2096.

508 F.3d 126 (2006)

E.I. DuPONT DE NEMOURS AND COMPANY; Conoco, Inc.; Sporting Goods Properties, Inc., Appellants v. UNITED STATES of America; United States Department of Commerce; United States Department of Defense; United States Department of the Army; United States Department of Energy; United States Department of the Interior; United States Department of the Navy.

United States Court of Appeals, Third Circuit.

Opinion Filed August 29, 2006.

On Remand June 18, 2007.

Filed: November 20, 2007.

Attorney(s) appearing for the Case

William H. Hyatt, Jr. (Argued), Kirkpatrick & Lockhart Preston Gates Ellis, John McGahren, Patton Boggs, Newark, NJ, for Appellants.

John T. Stahr, Ellen J. Durkee (Argued), United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for Appellees.

Michael W. Steinberg, Morgan, Lewis & Bockius LLP, Washington, DC, for Amicus-Appellants Superfund Settlements Project and American Chemistry Council.

Before SLOVITER, AMBRO, and MICHEL, Circuit Judges.

On Remand from the Supreme Court of the United States June 18, 2007.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This matter is before us on the order of the Supreme Court of the United States dated June 18, 2007, which granted the petition for a writ of certiorari filed by DuPont, vacated the judgment of this court, and remanded for further consideration in light of its opinion in United States v. Atlantic Research Corp., 551 U.S. ___,...

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