NATURE OF CASE THIS IS A CIVIL ACTION PURSUANT TO SECTIONS 106 AND 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 (CERCLA), 42 U.S.C. SECTION 9606 AND 9607 AGAINST BRODERICK INVESTMENT COMPANY, FIRST INTERSTATE BANK OF DENVER, AND COLORADO NATIONAL BANK (CNB). FIRST INTERSTATE AND CNB ARE TRUSTEES OF FIVE TRUSTS AFFECTING THE OWNERSHIP OF THE NOW-DEFUNCT BRODERICK WOOD PRODUCTS COMPANY, A FORMER PROCESSOR OF WOOD PRODUCTS IN DENVER, COLORADO. THE TRUSTEES ALSO ARE PARTNERS IN BRODERICK INVESTMENT COMPANY, A PARTNERSHIP FORMED TO LIQUIDATE AND DISTRIBUTE THE ASSETS OF BRODERICK WOOD PRODUC TS COMPANY. THE BRODERICK SITE IS A PRIORITY SITE ON THE NATIONAL PRIORITES LIST (NPL). THIS CASE ARISES AS A RESULT OF THE GROSS CONTAMINATION OF THE SOILS, GROUNDWATER, AND SURFACE WATER IN AND ABOUT THE BRODERICK SITE. NEGOTIATIONS ARE UNDERWAY IN THIS AND EARLIER RCRA REFER RAL. A PROPOSED CONSENT DECREE HAS BEEN DRAFTED AND IS UNDER REVIEW BY EPA/HQ AND DOJ. TO DATE, AGREEMENT HAS BEEN REACHED AS A TRUSTEE-INITIATED RI/FS WORKPLAN. CAUSE OF ACTION THE ELEMENTS OF A CAUSE OF ACTION UNDER SECTIONS 106 AND 107 OF CERCLA AGAINST FIRST INTERSTATE, CNB AND BRODERICK INVESTMENT COMPANY ARE ESTABLISHED HEREIN AS FOLLOWS: - ALL THREE PARTIES ARE PERSONS WITHIN