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DEL-RAY BATTERY CO. v. DOUGLAS BATTERY CO.

No. 10-40515.

635 F.3d 725 (2011)

DEL-RAY BATTERY COMPANY; Golden Eagle Battery, Inc., Plaintiffs-Appellants, v. DOUGLAS BATTERY COMPANY; Interstate Battery Systems of America, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 14, 2011.

Attorney(s) appearing for the Case

Diane Kay Shaw , Trial Atty. (argued), Shaw & Associates, P.C., Gun Barrel City, TX, for Plaintiffs-Appellants.

S. Shawn Stephens (argued), Baker & Hostetler, L.L.P., Houston, TX, Walter Dudley James, III , Colleyville, TX, for Defendants-Appellees.

Before KING, DAVIS and SOUTHWICK, Circuit Judges.

KING, Circuit Judge:

Appellants, battery recyclers, were sued under the Texas Solid Waste Disposal Act (the "SWDA") in Texas state court for contribution to environmental clean-up costs incurred by Appellees. Appellants asserted in their defense that the Superfund Recycling Equity Act (the "SREA")—an amendment to the federal Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") that exempts certain recyclers from liability for clean...

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