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RSR CORP. v. INTERNATIONAL INS. CO.

No. 09-10405.

612 F.3d 851 (2010)

RSR CORPORATION, Quemetco, Inc., Quemetco Metals Limited, Inc. f/k/a Murph Metals, Inc., and Quemetco Realty, Inc., Plaintiffs-Appellants, v. INTERNATIONAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 26, 2010.

Attorney(s) appearing for the Case

William A. Brewer, III, Michael Joseph Collins (argued), Michael Scott Gardner, Bickel & Brewer, Dallas, TX, for Plaintiffs-Appellants.

Richard Brent Cooper (argued), Michelle Elaine Robberson, Gordon Kurt Wright, Cooper & Scully, P.C., Dallas, TX, for Defendant-Appellee.

Laura A. Foggan, Wiley Rein, L.L.P., Washington, DC, for Amicus Curiae.

Before GARWOOD, SMITH and CLEMENT, Circuit Judges.

GARWOOD, Circuit Judge:

From 1972 until 1983, Quemetco, Inc. (Quemetco), a subsidiary of RSR Corporation, operated a lead smelter on Harbor Island, near Seattle, Washington. During that time, Harbor Island suffered substantial environmental damage. In December 1982, the Environmental Protection Agency (EPA) announced that it planned to place Harbor Island on its National Priorities List (NPL).1 In 1986, the EPA determined that Quemetco...

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