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ABA Section of Litigation CLE Summit, January5-7, Beaver Creek, CO: Forward to the Past: The Aftermath of Aviall 1 500278v1 Copyright John M. Barkett 2005 Forward to the Past: The Aftermath of Aviall John M. Barkett Shook, Hardy & Bacon LLP Miami, Florida INTRODUCTION1 For the past 20 years, the Superfund law has been used by private parties to recoup the costs of investigation and cleanup of contaminated property—called “response costs”--where the contamination could be statutorily related to...

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