United States v. Stringfellow

911 F.2d 225 17 Fed.R.Serv.3d 686 , 20 Envtl. L. Rep. 21 ,242 UNITED STATES of America, et al., Plaintiffs, and State of California, Plaintiff-Counter-Defendant-Appellant, v. J.B. STRINGFELLOW, Jr., et al., Defendants-Counter-Claimants-Appellees. No. 89-55500. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1990. Decided Aug. 10, 1990. Marcelle E. Mihaila and Kenneth S. Klein, Gray, Cary, Ames & Frye, San Diego, Cal., for plaintiff-counter-defendant-appellant. Robert P. Dahlquist and Richard W. Raushenbush, Latham & Watkins, San Diego, Cal., for defendants-counter-claimants-appellees. Appeal from the United States District Court for the Central District of California. Before BROWNING and PREGERSON, Circuit Judges, and COPPLE, * District Judge. PER CURIAM: 1 Kammer, an attorney for the State of California, filed a motion for judgment on the pleadings on the ground appellees' counterclaims against the State were preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The magistrate, whose findings were adopted by the district court, denied the motion and sanctioned Kammer for failing to cite a…