James KOTROUS, Individually and doing Business as the Mattress Factory, Plaintiff-Appellee,
v.
GOSS-JEWETT COMPANY OF NORTHERN CALIFORNIA, Inc.; et al., Defendants, and
Bayer CropScience, Inc., Defendant-Appellant,
Edward Anselmo, Defendant-Appellee.
Adobe Lumber, Inc., a California corporation, Plaintiff-Appellee,
v.
F. Warren Hellman; Wells Fargo Bank NA, as Trustees of Trust A created by the Estate of Marco Hellman, Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 18, 2007.
Filed April 17, 2008.
Attorney(s) appearing for the Case
Michael E. Vergara, Jacqueline L. McDonald, Somach, Simmons & Dunn, Sacramento, CA, for plaintiff-appellee James Kotrous.
John D. Edgcomb and William D. Marsh, Edgcomb Law Group, San Francisco, CA, for defendant-appellant Bayer CropScience, Inc.
Jeffory J. Scharff, Sacramento, CA, for defendant-appellee Edward Anselmo.
Howard L. Pearlman, Glenn P. Zwang, Robert L. Wainess, Bartko, Zankel, Tarrant & Miller, San Francisco, CA, for plaintiff-appellee Adobe Lumber, Inc.
Thomas M. Donnelly, Heller Ehrman LLP, San Francisco, CA, for defendants-appellants F. Warren Hellman and Wells Fargo Bank, N.A.
Before: ALEX KOZINSKI, Chief Judge, A. WALLACE TASHIMA, and M. MARGARET McKEOWN, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
TASHIMA, Circuit Judge:
We are required to consider the continued viability of Pinal Creek Group v. Newmont Mining Corp.,118 F.3d 1298 (9th Cir.1997), in light of the Supreme Court's most recent precedent addressing the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 ("CERCLA"). Sections 107 and 113(f) of CERCLA, 42 U.S.C. §§ 9607 and 9613, "allow private parties...
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