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Experience

Defended CERCLA Action by a Competitor at a Superfund Site

Merriam Manufacturing Company

Defended a metal products manufacturing company at trial in a federal court action brought by a competing manufacturer whose plant was located at the other end of an NPL site. Obtained judgment for the defendant on plaintiff's claims for joint and several cost recovery liability under CERCLA, successor liability, declaratory judgment, injunction and attorney's fees, and persuaded the court to allocate 65 percent of remediation costs under the plaintiff's CERCLA contribution claim to the plaintiff. Durham Manufacturing Co. v. Merriam Manufacturing Co., 294 F. Supp.2d 251 (D. Conn. 2003).

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