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4 -23 -1999 9:11AM FROM SWEENEY LAW FIRM 2235289 <br />P. 16 <br />in any subsequent action or actions by Third Party Plaintiffto recover further response costs or <br />dW4agc& <br />COUNT VI <br />PRIVATE NUISANCE <br />48. Third Party Plaintiff hereby realleges and incorporates by reference all statements <br />and allegations contained in the above - numbered paragraphs. <br />49. Third Party Defendants' negligent or intentional acts set forth herein created <br />conditions that were injurious to health and interfered with the comfortable enjoyment the <br />property and the surrounding land, all in violation of Minn. Stat. § 561.01. <br />50. Third Party Plaintiff has suffered special, peculiar harm insofar as it has been <br />required by the MPCA to incur substantial response costs to investigate and abate the nuisance <br />that resulted in whole or in part from the acts of Third Party Defendants. <br />51. Third Party Plaintiff is entitled to an award of damages to reimburse them for costs <br />of investigating and abating the nuisance at the Schnitzer Site. <br />COUNT VI1 <br />COMMON LAW CONTRIBUTION <br />52. Third Party Plaintiff hereby realleges and incorporates by reference all statements <br />and allegations contained in the above- numbered paragraphs. <br />53. Third Party Plaintiff and Third Party Defendants herein all have common liability <br />under state and federal law for costs incurred in investigating and responding to the environmental <br />contamination at the Schnitzer Site. <br />54. Third Party Plaintiff has paid more than its fair share of that common IiabiTtty. <br />55. Pursuant to common law principles of contribution, Third Party Plaintiff is entitled <br />to contribution from said Third Party Defendants based on its respective proportionate shares of <br />Page 164 <br />