Legal Opinion

Kfc Western, Inc. v. Alan Meghrig Margaret Meghrig

Court of Appeals for the Ninth Circuit

Decided March 1, 1995No. 92-56597PublishedCited by 21 opinions

1Opinion of the Court

Opinion by Judge Harry PREGERSON; Dissent by Judge BRUNETTI.

Before: BROWNING, PREGERSON, and BRUNETTI, Circuit Judges. PREGERSON, Circuit Judge:

KFC Western, Inc. (“KFC”) appeals the district court’s dismissal of its action under the Resource Conservation and Recovery Act (“RCRA”) to recover environmental clean-up costs from the prior owners of contaminated property sold to KFC. The district court dismissed KFC’s action under Federal Rule of Civil Procedure 12(b)(6) because it concluded that RCRA § 7002, codified at 42 U.S.C. § 6972(a)(1)(B), does not authorize private plaintiffs to collect a…

2Cases cited14 opinions

  1. City of Burlington v. DagueSupreme Court of the United States · 1992
  2. Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
  3. Ruth E. Oscar Charles Spinosa v. University Students Co-Operative Association George ProperCourt of Appeals for the Ninth Circuit · 1992
  4. Ascon Properties, Inc. v. Mobil Oil Co.Court of Appeals for the Ninth Circuit · 1989
  5. Ernest Dague, Sr., Ernest Dague, Jr., Betty Dague, and Rose A. Bessette v. City of BurlingtonCourt of Appeals for the Second Circuit · 1991

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Meghrig v. KFC Western, Inc.Supreme Court of the United States · 1996
  2. Covington v. Jefferson CountyCourt of Appeals for the Ninth Circuit · 2004
  3. Aiello v. Town of BrookhavenDistrict Court, E.D. New York · 2001
  4. Furrer v. BrownCourt of Appeals for the Eighth Circuit · 1995
  5. 325-343 E. 56TH STREET CORP. v. Mobil Oil Corp.District Court, District of Columbia · 1995

16 more not listed; retrieve them via the Exa API.

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