Laserfiche WebLink
4 7-23 -1999 9:06AM <br />FROM SWEENEY LAW FIRM 2235289 P. 7 <br />NATURE OF ACTION <br />1, This is a civil action for damages and declaratory and equitable relief by the <br />Schnitzer Site Group (hereinafter sometimes "Third Party Plaintif% for recovery' of expenditures <br />by Third Party Plaintiff for costs of environmental investigation and response at a former scrap <br />yard located partially in the City of lvtnneapolis and partially in the City of Saint Paul, latown as <br />the Schnitzer Iron & Metal Co. Site, Third Party Plaintiff also seeks an award of its costs, <br />disbursements and reasonable attorneys' fees under, applicable federal and state law. <br />JURISDICTION AND VENUE <br />2. This action is brought for declaratory relief and to recover certain costs incurred <br />by Third Party Plaintiff pursuant to the provisions of the Comprehensive Environmental <br />Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments <br />and Reauthorization Act of 1986, 42 U.S.C. §§ 9601 -9675 ( "CERCLA"), the Minnesota <br />Environmental Response and Liability Act, Minn. Stat. §§ 115B.01- 1159.241 ("MEB.LA "), and <br />under the common law doctrines of nuisance, indemnity, and contribution. <br />3. This Court has exclusive original jurisdiction over the subject matter of this action <br />pursuant to 28 U.S.C. § 1331, 42 U.S,C. § 9613(b) and 33 U.S.C. § 1365(c), and has pendent <br />jurisdiction as to Counts IV -VII, to the extent that these Counts are deemed to arise under state <br />rather than federal law, <br />4, Venue lies in the United States District Court, District ofIvfimresota, Fourth <br />Division, pursuant to 28 U.S.C. § 1391(b), 42 U.S.C. § 9613(b) and 33 U.S.C. § 1365(c), insofar <br />as the claims asserted herein arise in this district, the release or threatened release of hazardous <br />substances or other wastes occurred in this district and Third Party Defendants are qualified to <br />conduct business and act in a proprietary capacity in this district. <br />Page 157 <br />