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OSI, INC. v. U.S.

No. 07-10941.

525 F.3d 1294 (2008)

OSI, INC., A corporation, Plaintiff-Appellant, v. UNITED STATES of America, Michael W. Wynne, as Secretary of the Air Force, Robert M. Gates, Secretary of Defense, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 5, 2008.

Attorney(s) appearing for the Case

Thomas R. DeBray, Sr., Nabors, Belser & DeBray, LLC, James Doyle Fuller, Law Office of J. Doyle Fuller, PC, Montgomery, AL, for OSI, Inc.

David C. Shilton, Wagner Jackson, U.S. Dept of Justice, Environmental Div., Washington, DC, Stephen M. Doyle, Montgomery, AL, for Defendants-Appellees.

Before BLACK and CARNES, Circuit Judges, and RESTANI, Judge.

BLACK, Circuit Judge:

OSI, Inc. (OSI) appeals, for the second time, the grant of summary judgment in favor of the Government on OSI's claims relating to the Air Force's use of certain land—including, in part, land now owned by OSI—as a landfill during the 1960s, 1970s, and 1980s. OSI brought tort claims under the Federal Tort Claims Act (FTCA), claims of cost recovery under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA...

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