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Terra-Products v. Kraft General Foods, Inc.

Indiana Court of Appeals

653 N.E.2d 89 (1995)

Facts

Terra-Products (plaintiff) bought land from Kraft General Foods, Inc. (defendant). The Environmental Protection Agency determined that the land was contaminated with polychlorinated biphenyls and ordered Kraft to remediate the contamination under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Kraft remediated the contamination as required. Terra sued, arguing that it was entitled to damages representing the fair market value of the land before contamination and the fair market value of the land after the contamination. Kraft argued that it was not liable to Terra for any damages because it had remediated the land as required. The court ruled in Kraft’s favor, and Terra appealed.

Rule of Law

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Issue

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Holding and Reasoning (Najam, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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