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SCHAEFER v. TOWN OF VICTOR

Docket No. 05-1949-CV.

457 F.3d 188 (2006)

Betty J. SCHAEFER, Executrix of the Estate of William Schaefer, Plaintiff-Appellant, v. TOWN OF VICTOR, Village of Victor, Hartman Material Handling Systems, Inc., R. Phillip Hartman, Mendon Disposal Co., Inc. and Waste Management of New Jersey, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 13, 2006.

Attorney(s) appearing for the Case

Alan J. Knauf, Knauf Shaw LLP, Rochester, NY, for Plaintiff-Appellant.

Michael R. Wolford, Wolford & Leclair LLP, Rochester, N.Y. (Leslie E. Swift, Wolford & Leclair LLP, Rochester, NY, and Michael A. Jones, Jr., Town of Victor, NY, on the brief), for Defendants-Appellees Town of Victor and Village of Victor.

Before: OAKES, SOTOMAYOR and WESLEY, Circuit Judges.

WESLEY, Circuit Judge:

A perceptive governor once noted: "Benjamin Franklin said there were only two things certain in life: death and taxes. But I'd like to add a third certainty: trash."1 The instant case arises out of the federal government's efforts to deal with this "third certainty" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), §§ 101-175, 42 U.S.C. §§ 9601-9675...

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