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The purported "as is" clause in the real estate sales contract does not bar the appellants' statutory contribution claim. Unlike Prudential where causation was required to establish the seller's liability, the Solid Waste Disposal Act here clearly intends to hold those responsible for hazardous waste liable for their fair share of the cleanup costs without the need to establish causation.
February 23, 2004 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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