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DAVIS v. SUN OIL CO.

No. 96-4077.

148 F.3d 606 (1998)

Donald P. DAVIS and Maxine Elaine Davis, Plaintiffs-Appellants, v. SUN OIL COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 24, 1998.

Attorney(s) appearing for the Case

A. Mark Segreti, Jr. (argued and briefed), Haffey & Segreti, Dayton, OH, for Plaintiffs-Appellants.

Michael R. Blumenthal (argued and briefed), David S. Hoffman (briefed), McMahon, DeGulis & Hoffman, Cleveland, OH, for Defendant-Appellee.

Before: MERRITT, WELLFORD, and BOGGS, Circuit Judges.

The court delivered a PER CURIAM opinion. BOGGS, J. (pp. 613-615), delivered a separate opinion concurring in part and dissenting in part.

OPINION

PER CURIAM.

Donald and Maxine Davis brought this action under the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6972(a)(1)(B), against Sun Oil Co. ("Sun"). In Davis v. Sun Oil Co., 929 F.Supp. 1077

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