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EMERGENCY SERVICES BILLING CORP. v. ALLSTATE INS.

No. 11-2381.

668 F.3d 459 (2012)

EMERGENCY SERVICES BILLING CORPORATION, INC., individually (and as agent for) agent of Westville Volunteer Fire Department, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 2, 2012.

Attorney(s) appearing for the Case

Joseph Nicholas Williams (argued), Attorney, Price Waicukauski & Riley, LLC, Indianapolis, IN, for Plaintiff-Appellant.

Curtis T. Jones, Attorney, Bose McKinney & Evans, LLP, John B. Drummy, Mark D. Gerth (argued), Attorneys, Kightlinger & Gray, Indianapolis, IN, Mark Alan Metzger, Attorney, Metzger Rosta, Noblesville, IN, Michael E. Tolbert, Attorney, Hoeppner Wagner & Evans LLP, Merrillville, IN, for Defendants-Appellees.

Richard K. Shoultz, Attorney, Lewis Wagner, LLP, Indianapolis, IN, for Amici Curiae.

Before BAUER, FLAUM, and SYKES, Circuit Judges.

FLAUM, Circuit Judge.

This appeal concerns the interpretation of the phrase "consumer product in consumer use" in the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). 42 U.S.C. § 9601 et seq. Plaintiff-appellant, Emergency Services Billing Corporation ("ESBC"), is the billing agent for the Volunteer Fire Department of Westville ("Fire Department"), a town in central Indiana. ESBC brought this action against individuals who were...

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