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BIRD-JOHNSON CORP. v. DANA CORP.

No. 58207-6.

119 Wn.2d 423 (1992)

833 P.2d 375

CERTIFICATION FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON IN BIRD-JOHNSON CORPORATION, Plaintiff, v. DANA CORPORATION, Defendant.

The Supreme Court of Washington, En Banc.

July 16, 1992.

Attorney(s) appearing for the Case

Culp, Guterson & Grader, by Robert D. Stewart and Bruce W. Hilyer, for plaintiff.

Perkins Coie, by William A. Gould and Emilie M. Ogden, for defendant.

Rodney L. Brown, Jr., Alexandra K. Smith, and Loren R. Dunn on behalf of Citizens Toxics Cleanup Campaign and the Washington Environmental Council, amici curiae for plaintiff.

DURHAM, J.

In a federal action, plaintiff Bird-Johnson Corporation (Bird-Johnson) seeks contribution from defendant Dana Corporation (Dana) for the environmental cleanup of a marine propeller manufacturing site. The United States District Court has certified the following question to us:

Can the plaintiff maintain a private right of action for contribution under the MTCA [Model Toxics Control Act (MTCA), RCW 70...

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