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  5. 988 F.Supp. 1394 (1997)
 

SINCLAIR OIL CORP. v. DYMON, INC.

No. CIV. A. 97-2204-GTV.

988 F.Supp. 1394 (1997)

SINCLAIR OIL CORPORATION, Plaintiff, v. DYMON, INC., Defendant.

United States District Court, D. Kansas.

December 19, 1997.

Attorney(s) appearing for the Case

Keith E. Drill, Stephen G. Mirakian, James R. Wyrsch, Wyrsch, Atwell, Mirakian, Lee & Hobbs, Kansas City, MO, for plaintiff.

Douglas P. McLeod, Kirk Forbes Marty, Blackwell, Sanders, Matheny, Weary & Lombardi L.L.P., Kansas City, MO, for defendant.

MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

Plaintiff brings this action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. § 9601 et seq., to recover costs that it has incurred, and will incur, to clean up hazardous waste defendant allegedly released in the environment. Plaintiff alleges nine causes of action:

1. The first cause of action alleges that plaintiff, pursuant...

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