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TEAM ENTERPRISES v. WESTERN INVESTMENT REAL ESTATE

No. 10-16916.

647 F.3d 901 (2011)

TEAM ENTERPRISES, LLC, Plaintiff-Appellant, v. WESTERN INVESTMENT REAL ESTATE TRUST, AKA Western Properties Trust; WPT, Inc., Defendants, and PK II Century Center LP; Pan Pacific Retail Properties, Inc., as a corporation and as successor-in-interest to Western Investment Real Estate Trust; Kimco Realty Corporation, as a corporation and as successor-in-interest to Pan Pacific Retail Properties, Inc.; Prudential Real Estate Investors, as a corporation and as successor-in-interest to Pan Pacific Retail Properties, Inc.; John A. Branagh, individually and as a partner of Modesto Center Investors, LP and MC II, LP; Lynette F. Branagh, individually and as a partner of Modesto Center Investors, LP and MC II, LP; Gaylon C. Patterson, individually and as a partner of 9559 Modesto Center Investors, LP and MC II, LP; Marla J. Patterson, individually and as a partner of Modesto Center Investors, LP and MC II, LP; Modesto Center Investors, LP; MC II, LP; Vulcan Materials Company; Legacy Vulcan Corporation; Multimatic Corporation, now known as Kirrberg Corporation; Multimatic, LLC; The Kirrberg Corporation, FKA Multimatic Corporation; The Dow Chemical Company; R.R. Street & Co., Inc., Defendants-Appellees, v. City of Modesto, Third-party-defendant.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2011.

Attorney(s) appearing for the Case

Jan A. Greben , Greben & Associates, Santa Barbara, CA, argued the cause and filed the briefs for the plaintiff-appellant. With him on the briefs were Jeff G. Coyner and Danielle L. De Smeth , Greben & Associates, Santa Barbara, CA.

Eric Grant , Hicks Thomas LLP, Sacramento, CA, argued the cause and filed a brief for the defendant-appellee. With him on the brief was John B. Thomas , Hicks Thomas LLP, Houston, TX.

Opinion by Judge O'SCANNLAIN; Concurrence by Judge ST. EVE.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide, among other things, whether the manufacturer of a machine used in the dry cleaning process may be held liable for contribution to environmental cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act.

I

Plaintiff-Appellant Team Enterprises, LLC ("Team") has, since 1980, leased space in a shopping center in Modesto, California, where it operates a dry...

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