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Coke Bottling Co. Wants To Trim Shell’s Calif. Cleanup Suit

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > Coke Bottling Co. Wants To Trim Shell’s Calif. Cleanup Suit

Coke Bottling Co. Wants To Trim Shell’s Calif. Cleanup Suit

Law360 (August 12, 2019, 6:00 PM EDT) — A Los Angeles-based Coca-Cola bottler has told a California federal court that Shell’s claims it and others must help clean up a contaminated former synthetic rubber plant should be trimmed because two claims under the Comprehensive Environmental Response, Compensation and Liability Act conflict.

At issue are two of Shell Oil Co.’s claims brought under separate sections of CERCLA, Section 107(a) and Section 113(f), that cannot both be asserted in this case, according to the memorandum in support of the joint motion to dismiss that BCI Coca-Cola Bottling Co. of Los Angeles and other Coca-Cola-related entities filed Friday.

While both sections of…

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