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PRICE TRUCKING CORP. v. NORAMPAC INDUSTRIES, INC.

Docket No. 11-2917-CV.

748 F.3d 75 (2014)

PRICE TRUCKING CORP., Plaintiff-Counter-Defendant-Appellee, v. NORAMPAC INDUSTRIES, INC., Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 18, 2014.

Attorney(s) appearing for the Case

John Gilbert Horn ( Craig A. Slater , of counsel), Harter Secrest & Emery LLP, Buffalo, N.Y., for Appellant.

Kevin M. Hogan , Phillips Lytle LLP ( Patricia A. Mancabelli , of counsel), Buffalo, N.Y., for Appellee.

Before: KATZMANN, Chief Judge, and STRAUB and SACK, Circuit Judges.

SACK, Circuit Judge:

This dispute presents an issue of apparent first impression regarding the federal Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). The defendant, a landowner, paid a general contractor for costs associated with the cleanup of a contaminated parcel of land that the defendant owned. The general contractor failed, however, to remit those payments to the plaintiff, a subcontractor who had performed work on the site...

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