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McDONALD v. SUN OIL COMPANY

No. Civ. 03-1504-HA.

423 F.Supp.2d 1114 (2006)

Thomas McDONALD; Marian McDonald; and Alex E. McDonald, Plaintiffs and Counterclaim Defendants, v. SUN OIL COMPANY, Sunoco, Inc., and Cordero Mining Company, Defendants and Counterclaim Plaintiffs, Thomas McDonald and Marian McDonald, and Alex E. McDonald, Third-Party Plaintiffs, v. J.T. Batterson and Susan Batterson, Third-Party Defendants.

United States District Court, D. Oregon.

March 14, 2006.

Attorney(s) appearing for the Case

Brian D. Chenoweth, Christopher A. Rycewicz, Rycewicz & Chenoweth, LLP, Portland, OR, for Plaintiffs and Counterclaim Defendants.

Amy Edwards, Per A. Ramfjord, Stoel Rives, LLP, Portland, OR, Harold L. Segall, James T. Esselman, Beveridge & Diamond, P.C., Washington, DC, for Defendants and Counterclaim Plaintiffs.

Steven L. Naito, Jeanne O'Shea Gumusoglu, Tarlow Naito & Summers, LLP, Portland, OR, for Third-Party Defendants.

OPINION AND ORDER

HAGGERTY, Chief Judge.

This suit arises out of a deed sale to plaintiffs Thomas McDonald and Marian McDonald of more than 2600 acres of real property located in Jefferson County, Oregon. The purchase included the Horse Heaven Mine Property, an allegedly contaminated property (hereinafter referred to as the "Site" or "Horse Heaven").

In 2003, plaintiffs filed a Complaint against the sellers alleging breach of contract and fraud....

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