Nos. 10-1468, 10-1469.

638 F.3d 594 (2011)

MORRISON ENTERPRISES, LLC, Plaintiff/Appellant, City of Hastings, Nebraska, Plaintiff, v. DRAVO CORPORATION, Defendant/Appellee. United States, Amicus on Behalf of Appellee. Morrison Enterprises, LLC, Plaintiff, City of Hastings, Nebraska, Plaintiff/Appellant, v. Dravo Corporation, Defendant/Appellee. United States, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 5, 2011.

Attorney(s) appearing for the Case

William T. Session , argued, Shawna M. Bhgh , Jacquehne H. Hartis , Joe L. VanAckeren , on the brief, Kansas City, MO, for Morrison Enterprises.

Michael E. Sullivan , argued, Hastings, NE, for City of Hastings.

Lawrence Alfred Demase , argued, David W. Wagner , James C. Martin , Steven M. Nolan , on the brief, Pittsburgh, PA, for Dravo Corporation.

Justin R. Pidot , argued, Lisa Elizabeth Jones , on the brief, U.S. Dept. of Justice, Washington, DC, for amicus USA.

Before RILEY, Chief Judge, MELLOY and GRUENDER, Circuit Judges.

RILEY, Chief Judge.

Morrison Enterprises, LLC (Morrison) and the City of Hastings, Nebraska (City) (collectively, appellants), and Dravo Corporation (Dravo) are liable within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. § 9601 et seq., for hazardous substances released at the Hastings Ground Water Contamination Site (Site). Appellants each sued Dravo under § 107(a...

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