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SHEA HOMES LTD. PARTNERSHIP v. U.S.

No. C04-0092 TEH.

397 F.Supp.2d 1194 (2005)

SHEA HOMES LIMITED PARTNERSHIP, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

United States District Court, N.D. California.

November 10, 2005.

Attorney(s) appearing for the Case

James Joseph Dragna, Audrey May Huang, Tiffany Roxanne Hedgpeth, Bingham McCutchen LLP, Los Angeles, CA, for Plaintiff.

Mark Albert Rigau, Henry Thomas Miller, United States Department of Justice, Washington, DC, U.S. Dept of Justice, San Francisco, CA, for Defendant.

ORDER GRANTING MOTION TO DISMISS CLAIMS FOUR THROUGH TEN

HENDERSON, District Judge.

This matter came before the Court on July 11, 2005, on Defendant's Motion to Dismiss the fourth through tenth claims in this action under Fed.R.Civ.P. 12(b)(1), or alternatively, Fed.R.Civ.P. 56(c). Defendant contends that this Court is barred, under Section 113(h) of CERCLA, from exercising jurisdiction over Plaintiff's fourth through tenth claims because they improperly...

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