Legal Opinion
The Anspec Company, Inc. And Hugh Montgomery v. Johnson Controls, Inc., Hoover Universal, Inc., Hoover Group, Inc. And Ultraspherics, Inc.
Court of Appeals for the Sixth Circuit
Decided January 4, 1991No. 89-2393PublishedCited by 109 opinions
1Opinion of the Court
LIVELY, Senior Circuit Judge.
The question in this case is whether a successor corporation resulting from a merger with a corporation that had released hazardous waste materials on a previously owned site can be held liable for cleanup costs incurred by the present owner of the polluted property under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq. (1988) (CERCLA). The district court found that CERCLA creates no such liability, and granted the successor corporations’ motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and…
2Cases cited12 opinions
- Texas Industries, Inc. v. Radcliff Materials, Inc.Supreme Court of the United States · 1981
- Northwest Airlines, Inc. v. Transport Workers UnionSupreme Court of the United States · 1981
- The State of New York v. Shore Realty Corp. And Donald LeograndeCourt of Appeals for the Second Circuit · 1985
- Richard L. Windsor v. The TennesseanCourt of Appeals for the Sixth Circuit · 1984
- Dedham Water Company v. Cumberland Farms Dairy, Inc.Court of Appeals for the First Circuit · 1986
7 more not listed; retrieve them via the Exa API.
3Cited by109 opinions
- United States v. Carolina Transformer Company Dewey Strother Kenneth Ray Strother Faytranco, IncorporatedCourt of Appeals for the Fourth Circuit · 1992
- Redwing Carriers, Inc. v. Saraland ApartmentsCourt of Appeals for the Eleventh Circuit · 1996
- Goodrich v. BetkoskiCourt of Appeals for the First Circuit · 1996
- Kelley v. E.I. DuPont de Nemours & Co.Court of Appeals for the Sixth Circuit · 1994
- Aguas Lenders Recovery Group LLC v. Suez, S.A.Court of Appeals for the Second Circuit · 2009
104 more not listed; retrieve them via the Exa API.