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4 -23 -1999 9:10AM <br />FROM SWEENEY LAW FIRM 2235289 P.14 <br />COUNT 11 <br />CERCLA § 113(1)(1) <br />34. Third Party Plaintiff hereby realleges and incorporates by reference all statements <br />and allegations contained in the above- numbered paragraphs. <br />35. Third Party Plaintiff is entitled to contribution and/or indemnity from the Third <br />Party Defendants herein for all response costs, including interest, that have been incurred in any <br />way relating to the Schnitzer Site pursuant to CERCLA § 113(f)(1), 42 U.S.C. § 9613(f)(1), <br />because the Third Party Defendants herein are liable pursuant to CERCLA § 107(a)(3), 42 U.S.C. <br />§ 9607(a)(3). <br />COUNT III <br />DECLARATORY RELIEF UNDER CERCLA <br />36. Third Party Plaintiff hereby realleges and incorporates all statements and <br />allegations contained in the above - numbered paragraphs. <br />37. In addition to the relief sought in Counts I and 11 above, Third Party Plaintiff is <br />entitled to a declaration under 28 U.S,C. § 2201(a) that Third Party Defendants are liable for <br />response costs and damages that will be binding in any subsequent action or actions by Third <br />Party Plaintiff to recover further response costs or damages, pursuant to CERCLA § 113(0(2), <br />42 U.S.C. § 9613(g)(2). <br />COUNT 117 <br />MERLA <br />38. Third Party Plaintiff hereby realleges and incorporates by reference all statements <br />and allegations contained in the above - numbered paragraphs. <br />39. Third Party Plaintiff has incurred response costs and damages identified in <br />MERLA, Minn. Stat. § 11513,04, subd. 1, with respect to the Schnitzer Site, <br />Page 162 <br />