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FIRST SAN DIEGO PROPERTIES v. EXXON CO.

Civ. No. 93-1429-E(BTM).

859 F.Supp. 1313 (1994)

FIRST SAN DIEGO PROPERTIES, Plaintiff, v. EXXON COMPANY, et al., Defendants.

United States District Court, S.D. California.

July 25, 1994.

Attorney(s) appearing for the Case

McClintock, Weston, Benshoof, Rochefort, Rubalcava & MacCuish, John M. Rochefort, Samuel Taylor, Mark Koorenny, Los Angeles, CA, for Exxon Co.

Andrew K. Ulich, Thomas J. Bois, II, Jeffrey Dill, Meserve, Mumper & Hughes, Irvine, CA, for plaintiff First San Diego Properties XX.

MEMORANDUM DECISION AND ORDER

ENRIGHT, District Judge.

BACKGROUND

In this motion the court addresses the difficult issue of potential passive liability of a subsequent purchaser in the context of a Resource Conservation and Recovery Act (RCRA) action arising from the release of materials from an underground gasoline storage tank.

This suit arises from the purchase and ownership of a property located at 3148 Midway Drive, San...

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