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• ► r� i �r f y, } <br /> 1 E69'j L BACKG OUN,D <br /> 2 13. The real property which is the subject of this action <br /> 3 is located in the County of San Joaquin State of California. <br /> 4 The property is presently the site of a: Togo's Restaurant, and ;is <br /> 5 currently (as of 1981) commonly known as 305 3. Hutchins Avenue, <br /> G Lodi., California (hereinafter "Togo"`s Property"),. <br /> 7 14. Prier to July :90 1993, when City was closed and: FDIC <br /> 8 was appointed Receiver for City, City owned and was in possession. <br /> 9 and control of the Togol-s Property.. <br /> 10 15. F01C is. informetd and believes, and: based thereon <br /> 11 alleges; thAt Defendant ARCO owned., possessed, and/or controlled <br /> 12 the Togo's Property for an indeterminate period of time <br /> 13 including, but: not Limited to, from 1928 to 1933, and during -hat <br /> 14 time utilized the Togo 's Property as a -gas/servsce station, which <br /> 15 included the ownership and operation of, fuel and was oil. <br /> .1.6: underground storage tanks, and associated piping, dispensers, and <br /> 17 other ancillary equipment (hereafter "underground tank system") .: <br /> 18 16. FDIC is informed and believes, and barsed thereon <br /> 19 alleges, that DW end ant UNION owned, possessed, and/or controlled <br /> 20 the: Toga's Property fir An indeterminate period of time <br /> 21 including# but not 'limited to, from 1945 to 1557',. and during that <br /> 22 time utilized theiiToodfa Property as a gasJeervice station, which. <br /> 23 included the ownership and operation of fuel and waste oil <br /> 24 undergftUnd storage tank systems;. <br /> 25 1'T.. FDXC is informed and believes, and based thereon <br /> .4 alleges,. that. Defendant DOUGLAS owned <br /> possessed, and/or <br /> 1 controlled the T'ogos Property for an indeterminate period. of <br /> :28 time including,, but not limited to, from 19517 to 1971, and during <br /> -4- <br /> . <br />