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NEW YORK v. NATIONAL SERVICE INDUSTRIES, INC.

Docket No. 05-4706-cv.

460 F.3d 201 (2006)

The State of NEW YORK, Plaintiff-Counter-Defendant-Appellant, v. NATIONAL SERVICE INDUSTRIES, INC., Defendant-Counterclaimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 3, 2006.

Attorney(s) appearing for the Case

Benjamin N. Gutman, Assistant Solicitor General of the State of New York (Eliot Spitzer, Attorney General of the State of New York, on the brief; Michelle Aronowitz, Deputy Solicitor General, of counsel), New York, NY, for Plaintiff-Counter-Defendant-Appellant.

Patricia T. Barmeyer, King & Spalding, LLP (Beverlee E. Silva, Lewis B. Jones, on the brief) Atlanta, GA, for Defendant-Counterclaimant-Appellee National Service Industries, Inc.

Before FEINBERG, SOTOMAYOR, and HALL, Circuit Judges.

SOTOMAYOR, Circuit Judge.

This appeal presents a question of successor liability under the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 9601-9675 (2000). Specifically, the question before us is whether federal common law for purposes of determining corporate successor liability under CERCLA incorporates state law — in this case, New York law — or displaces state law in favor of a uniform...

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