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CITY OF LOS ANGELES v. SAN PEDRO BOAT WORKS

No. 08-56163.

635 F.3d 440 (2011)

CITY OF LOS ANGELES, Plaintiff/Counter-Defendant/Appellant, v. SAN PEDRO BOAT WORKS, a California corporation, Defendant, and BCI Coca-Cola Bottling Company of Los Angeles, a Delaware corporation, Defendant/Counter-Claimant/Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2011.

Attorney(s) appearing for the Case

Rockard J. Delgadillo , Thomas A. Russell , Kenneth F. Mattfeld , San Pedro, CA, for the plaintiff-appellant.

William F. Sullivan , Matthew J. Sanders , D. Scott Carlton , Los Angeles, CA; Stephen D. Kinnaird , Washington, D.C., for the defendant-appellee.

Before: RONALD M. GOULD and CARLOS T. BEA, Circuit Judges, and DONALD W. MOLLOY, District Judge.

OPINION

BEA, Circuit Judge:

This case calls on us to determine, in the first instance, whether the holder of a revocable permit to use real property is an "owner" of that real property for purposes of imposing liability under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") for the cleanup of hazardous substances disposed on that property by others. A common sense reading of the statute and existing state law persuade...

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