Legal Opinion

First United Methodist Church of Hyattsville v. United States Gypsum Company

Court of Appeals for the First Circuit

Decided August 10, 1989No. 88-1612PublishedCited by 150 opinions

1Opinion of the Court

K.K. HALL, Circuit Judge:

The First United Methodist Church of Hyattsville, Maryland (“First United”) appeals the district court’s grant of partial summary judgment in favor of United States Gypsum Company (“USG”) based on a Maryland statute of repose, § 5-108 Md. Cts. & Jud.Proc.Code Ann. Specifically, the district court held that the repose period of § 5-108(a) was not preempted by the Comprehensive Environmental Response and Compensation Act of 1980 (“CERC-LA”), 42 U.S.C. § 9658. Finding no error, we affirm.

I

In 1961, First United undertook construction of a new church building. At the…

2Cases cited19 opinions

  1. Ex Parte CollettSupreme Court of the United States · 1949
  2. United States v. Conservation Chemical Co.District Court, W.D. Missouri · 1985
  3. Harig v. Johns-Manville Products Corp.Court of Appeals of Maryland · 1978
  4. State of NY v. General Elec. Co.District Court, N.D. New York · 1984
  5. United States v. MottoloDistrict Court, D. New Hampshire · 1985

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3Cited by150 opinions

  1. 3550 Stevens Creek Associates, a Limited Partnership v. Barclays Bank of CaliforniaCourt of Appeals for the Ninth Circuit · 1990
  2. United States v. Akin Akinkoye, A/K/A A. Sam Akins, United States of America v. Nouyibatou AfolabiCourt of Appeals for the Fourth Circuit · 1999
  3. Rose v. Fox Pool Corp.Court of Appeals of Maryland · 1994
  4. Augutis v. United StatesCourt of Appeals for the Seventh Circuit · 2013
  5. Sharon Gill, on her own behalf and on behalf of the Estate of Gale Gill v. Evansville Sheet Metal Works, Inc.Indiana Supreme Court · 2012

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