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CROFTON VENTURES L.P. v. G & H PARTNERSHIP

No. 00-1517.

258 F.3d 292 (2001)

CROFTON VENTURES LIMITED PARTNERSHIP, Plaintiff-Appellant, v. G & H PARTNERSHIP; Harry Ratrie; E. Stewart Mitchell, Incorporated; Dahlia Ratrie, Defendants-Appellees, and John C. Cyphers; N.W. Greenwald Concrete Company; Norman Greenwald, Jr., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 24, 2001.

Attorney(s) appearing for the Case

ARGUED: Holly Drumheller Butler, Steven Keith Fedder, Piper, Marbury, Rudnick & Wolfe, L.L.P., Baltimore, Maryland, for Appellant.

Thomas M. Downs, SWIDLER, BERLIN, SHEREFF, FRIEDMAN, L.L.P., Washington, DC.; Thomas Mark Lingan, VENABLE, BAETJER & HOWARD, L.L.P., Baltimore, Maryland, for Appellees.

ON BRIEF: John Chen, Kathleen L. Nooney, PIPER, MARBURY, RUDNICK & WOLFE, Chicago, Illinois, for Appellant.

Laura A. Ford, SWIDLER, BERLIN, SHEREFF, FRIEDMAN, L.L.P., Washington, D.C.; Geoffrey R. Garinther, VENABLE, BAETJER & HOWARD, L.L.P., Baltimore, Maryland, for Appellees.

Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

Affirmed in part, vacated in part, and remanded for further proceedings by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KING joined. Judge MICHAEL wrote an opinion dissenting in part and concurring in part.

OPINION

NIEMEYER, Circuit Judge:

After purchasing a 32-acre parcel of land in Anne Arundel County, Maryland, Crofton Ventures Limited Partnership ("Crofton") discovered that a portion of the parcel had been used as a hazardous...

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