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CALIFORNIA DEPT. TOXIC SUBST. v. WESTSIDE DELIVERY

No. 16-56558.

888 F.3d 1085 (2018)

CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL, Plaintiff-Appellant, v. WESTSIDE DELIVERY, LLC; and Does 1 through 10, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 27, 2018.

Attorney(s) appearing for the Case

James R. Potter (argued) and Brian J. Bilford , Deputy Attorneys General; Sarah E. Morrison , Supervising Deputy Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Los Angeles, California; for Plaintiff-Appellant.

Emily L. Murray (argued) and Tim C. Hsu , Allen Matkins Leck Gamble Mallory & Natsis LLP, Los Angeles, California, for Defendants-Appellees.

Before: Susan P. Graber, William A. Fletcher, and John B. Owens, Circuit Judges.

OPINION

This case presents a question of first impression in this circuit concerning the reach of the third-party defense in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"): Does a defendant who buys real property at a tax sale have a "contractual relationship" with the...

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