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DIFFERENTIAL DEVELOPMENT-1994 v. HARKRIDER DISTRI.

Civil Action No. H-05-3375.

470 F.Supp.2d 727 (2007)

DIFFERENTIAL DEVELOPMENT-1994, LTD and Dean Lee d/b/a Pro Cleaners, Plaintiffs, v. HARKRIDER DISTRIBUTING CO. et al., Defendants.

United States District Court, S.D. Texas. Houston Division.

January 9, 2007.

Attorney(s) appearing for the Case

Tynan Buthod, Baker Botts LLP, James R. Clark, James R. Clark & Assoc., Houston, TX, for Plaintiffs.

Britton Bryon Harris, Brett J. Sileo, Harris Hilburn & Sherer, David Lee Burgert, Jessica Lottie Averitt, Porter & Hedges, L.L.P., Daniel E. Vineyard, Connelly Baker et al., Houston, TX, Dwayne Joseph Hermes, Hermes Sargent et al., Dallas, TX, for Defendants.

MEMORANDUM AND OPINION

ROSENTHAL, District Judge.

Among the questions presented by the motions to dismiss in this case is the question the Supreme Court left unresolved in Cooper Industries, Inc. v. Aviall Services, Inc., 543 U.S. 157, 125 S.Ct. 577, 160 L.Ed.2d 548 (2004): whether a party potentially responsible for the cleanup of property contaminated by hazardous substances under the Comprehensive Environmental Response...

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