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CAL. DEPT. OF TOXIC SUBSTANCES CONTROL v. ALCO PACIFIC

No. 05-55962.

508 F.3d 930 (2007)

CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL, Plaintiff-Appellant, v. ALCO PACIFIC, INC.; Morris P. Kirk; Davis Wire Corporation; Exide Technologies (GNB); P. Kay Metal Supply, Inc.; Lead Products Company, Inc.; Pasminco, Inc.; Quemetco, Inc.; RSR Corporation; and J.L. Shepherd & Associates, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 28, 2007.

Attorney(s) appearing for the Case

Laurie R. Pearlman, Supervising Deputy Attorney General, Edward H. Ochoa, Deputy Attorney General, Office of the Attorney General, San Diego, CA, for the appellant.

Chris M. Amantea, Brandon J. Roker, Charles E. Weir, McDermott Will & Emery LLP, Los Angeles, CA, Eugene J. Frett, Sperling & Slater, P.C., Chicago, IL, for the appellees.

Before: RAYMOND C. FISHER and RICHARD R. CLIFTON, Circuit Judges, and JEREMY D. FOGEL, District Judge.

FOGEL, District Judge:

The California Department of Toxic Substances Control ("the State") brought this cost recovery action under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., seeking cleanup costs arising from the release of hazardous substances at a former lead processing facility ("the site") operated by Alco Pacific, Inc. and Morris P...

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