Legal Opinion
Celanese Corp. v. Martin K. Eby Const. Co., Inc.
Court of Appeals for the Fifth Circuit
Decided September 20, 2010No. 09-20487PublishedCited by 65 opinions
1Opinion of the Court
JENNIFER WALKER ELROD, Circuit Judge:
At issue is whether Eby is liable as an “arranger” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9607(a)(3), and the Texas Solid Waste Disposal Act (SWDA), Tex. Health & Safety Code § 361.344. We hold that Eby is not an arranger, and we AFFIRM the district court’s final judgment, denying recovery to Celanese, and we AFFIRM the district court’s denial of Celanese’s motion to alter that judgment pursuant to Federal Rule of Civil Procedure 59(e).
I
The parties tried the CERCLA claim to the bench and the…
2Cases cited8 opinions
- Burlington Northern & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 2009
- Chaney v. Dreyfus Service Corp.Court of Appeals for the Fifth Circuit · 2010
- Cox v. City of DallasCourt of Appeals for the Fifth Circuit · 2001
- Geraghty & Miller, Inc. v. Conoco Inc.Court of Appeals for the Fifth Circuit · 2000
- AG Acceptance Corp. v. VeigelCourt of Appeals for the Fifth Circuit · 2009
3 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- David Sims v. City of MadisonvilleCourt of Appeals for the Fifth Circuit · 2018
- Ricky Moore v. City of Dallas, TexasCourt of Appeals for the Fifth Circuit · 2017
- Spring Street Prt - IV, L.P. v. Douglas LamCourt of Appeals for the Fifth Circuit · 2013
- Steve Simms v. Jerral JonesCourt of Appeals for the Fifth Circuit · 2016
- Illinois Central Railroad Co. v. Willie Harried, eCourt of Appeals for the Fifth Circuit · 2012
60 more not listed; retrieve them via the Exa API.