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OSI, Inc. v. United States

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Before BLACK and CARNES, Circuit Judges, and RESTANI*fn1, Judge.

OSI, Inc. (OSI) appeals, for the second time, the grant of summary judgment in favor of the Government on OSI’s claims relating to the Air Force’s use of certain land–including, in part, land now owned by OSI–as a landfill during the 1960s, 1970s, and 1980s. OSI brought tort claims under the Federal Tort Claims Act (FTCA), claims of cost recovery under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and a citizen suit under the Resource Conservation Recovery Act (RCRA). The district court granted summary judgment in favor of the Government on all claims. For the reasons stated below, we affirm.

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