Geraghty & Miller, Inc. v. Conoco Inc.

JOHN R. GIBSON, Circuit Judge:

Conoco Inc. and Condea Vista Chemical Company appeal the district court’s order granting summary judgment to Geraghty and Miller, Inc. (“G&M”) in this environmental clean-up action. This case includes a claim under CERCLA, the Comprehensive Environmental Response, Compensation and Liability Act, as well as state common law claims. We affirm in part and, because a genuine issue exists as to certain material facts, we reverse in part.

The parties do agree on a sufficient number of background facts to set the stage. This dispute arises out of an environmental…