Axel Johnson, Inc. v. Carroll Carolina Oil Co.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINS and Judge MOTZ joined.

OPINION

LUTTIG, Circuit Judge:

This ease arises on appeal from the district court’s dismissal of four counts of a six-count complaint for want of subject matter jurisdiction. For the reasons stated herein, we affirm.

I

Defendant-appellee Carroll Carolina Oil Co., Inc. (“CCO”) owns a Superfund site, certain cleanup costs of which plaintiff-appellant Axel Johnson, Inc. (“Axel”) — -the former operator, either directly or through its predecessors in interest, of petroleum refinery and storage…