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4 -23 -1999 9:11AM <br />FROM SWEENEY LAW FIRM 2235289 P. 15 <br />40. The Third Party Defendants herein are a "responsible person" as that phrase is <br />defined in MERLA, Minn. Stat. § 115B.03, subd. 1(b). <br />41. The response costs incurred or to be incurred by Third Party Plaintiff is authorized <br />by the MPCA as required by MERLA, Minn. Stat. § 115B.17, subd. 12, and are therefore <br />recoverable by Third Party Plaintiff under MERLA. <br />42: Under the acts alleged herein, the Third Party Defendants are strictly, and jointly <br />and severally, liable pursuant to MERLA, Minn. Stat. §§ 115B.03, subd. 1(13) and 115B.04. <br />43. Under MERLA, lvfmn. Stat. § 115B.08, subd. 1, any person held jointly and <br />severally liable for response costs under MERLA, Minn. Stat. § 115B.04, has the right at trial to <br />have liability apportioned among the responsible parties. <br />44. Third Party Plaintiff is entitled to contribution and/or indemnity from Third Party <br />Defendants pursuant to MERLA, Minn. Stat. § 1153.08 for recovery ot, reimbursement for <br />and/or contribution towards all response costs, including interest, that have been incurred in any <br />way relating to the Schnitzer Site. <br />45. Third Party Plaintiff is also entitled to an award of its costs, disbursements and <br />reasonable attorneys' fees from Third Party Defendants under MERLA, Minn. Stat. § 115B,14. <br />COUNT V <br />DECLARATORY RELIEF UNDER MERLA <br />46. Third Party Plaintiff hereby realleges and incorporates all statements and <br />allegations contained in the above-numbered paragraphs. <br />47. In addition to the relief sought in Count IV above, Third Party Plaintiff is entitled <br />to a declaration under the Minnesota Uniform Declaratory Judgments Act, Minn. Stat. § 551.01 <br />et. seq., that Third Party Defendants are liable for response costs or damages that will be binding <br />Page 163 <br />