Legal Opinion

Aviall Services, Inc. v. Cooper Industries, Inc.

Court of Appeals for the Fifth Circuit

Decided August 14, 2001No. 00-10197PublishedCited by 29 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Aviall Services, Inc. (“Aviall”) appeals the summary judgment dismissal of its contribution claim based on the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9613(f)(1). The district court ruled that Aviall could not seek contribution from Cooper Industries, Inc. (“Cooper”) unless Aviall had incurred or at least faced liability under a CERCLA administrative abatement or cost recovery action. We affirm, holding that the text of CERC-LA requires this result.

*136I

Cooper ran an aircraft engine maintenance business at several…

2Cases cited19 opinions

  1. Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
  2. United States v. Alvarez-SanchezSupreme Court of the United States · 1994
  3. Amoco Oil Company v. Borden, Inc.Court of Appeals for the Fifth Circuit · 1990
  4. Pmc, Inc. v. Sherwin-Williams CompanyCourt of Appeals for the Seventh Circuit · 1998
  5. United Technologies Corporation v. Browning-Ferris Industries, Inc.Court of Appeals for the First Circuit · 1994

14 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Cooper Industries, Inc. v. Aviall Services, Inc.Supreme Court of the United States · 2004
  2. Gencorp, Inc. v. Olin CorporationCourt of Appeals for the Sixth Circuit · 2007
  3. MSOF Corp v. Exxon CorporationCourt of Appeals for the Fifth Circuit · 2002
  4. Morrison Enterprises v. McShares, Inc.Court of Appeals for the Tenth Circuit · 2002
  5. Dico, Inc. v. Amoco Oil Company, Chevron Chemical Company Monsanto Company Shell Oil Company Bayer CorporationCourt of Appeals for the Eighth Circuit · 2003

24 more not listed; retrieve them via the Exa API.

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