002430P.pdf   09/19/2001  United States  v.  DICO, Inc.
   U.S. Court of Appeals Case No:  00-2430
   Southern District of Iowa   
   Civil Case - CERCLA. District court's judgment finding DICO 
   liable for response costs and awarding damages to United States is 
   affirmed. District court did not abuse its discretion in admitting 
   testimony of government hydrogeologist, as use of computer model 
   passed Daubert test, expert offered sufficient factual support for his 
   opinion, and conclusions were not contrary to published data and reports. 
   District court's exclusion of DICO's expert was without consequence. 
   Admission of deposition testimony after both sides had rested was not 
   an abuse of discretion because district court afforded opposing side 
   opportunity to respond to the testimony.
   District court's findings that DICO released hazardous wastes into 
   the environment were not clearly erroneous. Oversight and indirect 
   costs are recoverable in remedial actions, as are attorneys fees. 
   District court did not err in striking the constitutional defenses.