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BERGER v. CITY OF NORTH MIAMI, FLA.

Civ. No. 92-1344-A.

820 F.Supp. 989 (1993)

Morris BERGER, Personal Representative of the Estate of Frank Kaufman, Plaintiff, v. The CITY OF NORTH MIAMI, FLORIDA, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

May 11, 1993.

Attorney(s) appearing for the Case

Robert Stanley Hall, Jr., Washington, DC, for City of North Miami, FL.

Michael Jay Weiser, Alexandria, VA, for Morris Berger.

Frank Eugene Brown, Jr., Mays & Valentine, Arlington, VA, for Said Haddad.

Robert John Sciaroni, Sadur, Pelland & Rubinstein, Chartered, Washington, DC, Robert R. Vieth, McGuire, Woods, Battle & Boothe, McLean, VA, for Marvin Sadur.

Thomas Sykes Schaufelberger, Wright, Bobinson, McCammon, Othimer & Tatum, Washington, DC, for Post, Buckley, Shuh & Jernigan.

Frank Eugene Brown, Jr., Mays & Valentine, Richmond, VA, for ABC Demolition Corp.

MEMORANDUM OPINION

ELLIS, District Judge.

I.

In its present posture, this case presents the question of whether time-barred state-law contract claims may be asserted as "recoupment" claims in response to a party's contribution claim for cleanup costs under Section 113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9613(f). Before the Court is the Rule 12(b)(6) motion of defendant City...

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