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CATELLUS DEVELOPMENT CORP. v. U.S.

No. C-91-2531 EFL.

828 F.Supp. 764 (1993)

CATELLUS DEVELOPMENT CORPORATION, Plaintiff, v. UNITED STATES of America; General Automotive, Inc., a Washington corporation; NL Industries, Inc., a New Jersey corporation; Morris P. Kirk, Jr., an individual; Andrew C. Merryman, III, an individual, Defendants.

United States District Court, N.D. California.

August 3, 1993.

Attorney(s) appearing for the Case

Kurt Flehinger, Landels, Ripley & Diamond, San Francisco, CA, for plaintiff.

Marilyn Perry Jacobsen, U.S. Dept. of Justice, Land & Natural Resources Environmental Defense Section, Washington, DC; Earl Hagstrom, Sedgwick, Detert, Moran & Arnold; Dirk M. Schenkkan, Howard, Rice, Nemerovski, Canady, Robertson & Falk, San Francisco, CA; James H. Schink, Kirkland & Ellis, Chicago, IL; and Jerome A. Busch, Busch & Taylor, Irvine, CA, for defendants.

ORDER GRANTING SUMMARY JUDGMENT

LYNCH, District Judge.

Plaintiff Catellus Development Corporation ("Catellus") brought this suit pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as Amended, 42 U.S.C. § 9601 et seq., ("CERCLA"), 42 U.S.C. §§ 9607(a)(2) and (3). Plaintiff seeks to recover response costs which it claims to have incurred in the investigation and remediation of its contaminated...

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