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SOUTHERN PACIFIC TRANSP. CO. v. CALIFORNIA (CALTRANS)

No. CV 91-1428 SVW (JRx).

790 F.Supp. 983 (1991)

SOUTHERN PACIFIC TRANSPORTATION CO., et al., Plaintiffs, v. CALIFORNIA (CALTRANS), et al., Defendants.

United States District Court, C.D. California.

November 15, 1991.

Attorney(s) appearing for the Case

Frank Melton, Gordon Goldsmith, Tuttle & Taylor, Los Angeles, Cal., for plaintiffs.

Richard Montevideo, Rutan & Tucker, Costa Mesa, Cal., for defendants.

ORDER GRANTING SUMMARY ADJUDICATION OF ISSUES

WILSON, District Judge.

I. INTRODUCTION

At the Court's direction, the Defendants filed a Motion for Summary Adjudication of Issues pursuant to Federal Rule of Civil Procedure 56(d). In particular, the motion asked the Court to rule on the scope of CERCLA's "petroleum exclusion," as it impacts the facts of this case. The Court held a hearing to consider the motion on October 7, 1991, and the motion was...

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