Legal Opinion
Catellus Development Corporation v. United States of America, Defendant-Amicus, General Automotive, Inc., a Washington Corporation
Court of Appeals for the Ninth Circuit
Decided August 10, 1994No. 93-16530PublishedCited by 57 opinions
1Opinion of the Court
Opinion by Chief Judge WALLACE.
WALLACE, Chief Judge:
On this appeal, we consider whether a party that sells spent automotive batteries to a lead reclamation plant may be liable under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9601 et seq., for the costs of cleaning up the property where lead-containing remnants of the batteries are eventually dumped. Catellus Development Corp. (Catellus) appeals from the district court’s summaiy judgment which held that General Automotive (General) could not be made to contribute to the clean-up costs…
2Cases cited6 opinions
- 3550 Stevens Creek Associates, a Limited Partnership v. Barclays Bank of CaliforniaCourt of Appeals for the Ninth Circuit · 1990
- Jones-Hamilton Co., a California Corporation v. Beazer Materials & Services, Inc. Kop-Coat, Inc., a Pennsylvania Corporation Koppers Company, Inc.Court of Appeals for the Ninth Circuit · 1992
- United States v. a & F Materials Co., Inc.District Court, S.D. Illinois · 1984
- United States v. ILCO, Inc.Court of Appeals for the Eleventh Circuit · 1993
- Briggs v. SullivanCourt of Appeals for the Ninth Circuit · 1992
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3Cited by57 opinions
- G.J. Leasing Company, Incorporated, Doing Business as Cahokia Marine Service and S.I. Enterprises, L.P. v. Union Electric CompanyCourt of Appeals for the Seventh Circuit · 1995
- United States v. Shell Oil Co.Court of Appeals for the Ninth Circuit · 2002
- NCR Corp. v. George A. Whiting Paper Co.Court of Appeals for the Seventh Circuit · 2014
- United States v. Iron Mountain Mines, Inc.District Court, E.D. California · 1995
- Pneumo Abex Corporation Whitman Corporation City of Portsmouth, Virginia, a Municipal Corporation Portsmouth Redevelopment and Housing Authority v. High Point, Thomasville and Denton Railroad Company, Norfolk Southern Railway Company Norfolk & Western Railway Company, & Third Party and Csx Corporation Erie Lackawanna, Incorporated Consolidated Rail Corporation Greenlease Holding Company Lake Terminal Rail Company New York, Susquehanna & Western Railroad Company Usx Corporation John C. Holland, Jr. Cambria & Indiana Railroad Company Florida East Coast Railway Company, Csx Transportation, Incorporated Florida East Coast Industries, Incorporated Fruit Growers Express Company, Incorporated Pittsburgh & Lake Erie Railroad Company, Incorporated Richmond, Fredericksburg & Potomac Railroad Company, Incorporated Union Railroad Company, Incorporated Bessemer and Lake Erie Railroad Company, Incorporated, & Third Party Kaufman & Canoles, P.C., Party in Interest v. The Runnymede Corporation Holland Investment and Manufacturing Company, Incorporated American Premier Underwriters, Incorporated Wimco Wimco Metals, Incorporated Wilmat Holdings, Incorporated Triangle Industries, Incorporated Illinois Central Railroad Company, Third Party Virginia Manufacturers Association American Automobile Manufacturers Association Institute of Scrap Recycling Industries, Incorporated, Amici Curiae. Pneumo Abex Corporation Whitman Corporation City of Portsmouth, Virginia, a Municipal Corporation Portsmouth Redevelopment and Housing Authority v. Csx Transportation, Incorporated Fruit Growers Express Company, Incorporated, & Third Party and Csx Corporation Erie Lackawanna, Incorporated Consolidated Rail Corporation Greenlease Holding Company High Point, Thomasville and Denton Railroad Company Lake Terminal Rail Company New York, Susquehanna & Western Railroad Company Usx Corporation John C. Holland, Jr. Cambria & Indiana Railroad Company Florida East Coast Railway Company, Florida East Coast Industries, Incorporated Norfolk Southern Railway Company, Norfolk & Western Railway Company Pittsburgh & Lake Erie Railroad Company Incorporated Richmond, Fredericksburg & Potomac Railroad Company, Incorporated Union Railroad Company, Incorporated Bessemer and Lake Erie Railroad Company, Incorporated, & Third Party Kaufman & Canoles, P.C., Party in Interest v. The Runnymede Corporation Holland Investment and Manufacturing Company, Incorporated American Premier Underwriters, Incorporated Wimco Wimco Metals, Incorporated Wilmat Holdings, Incorporated Triangle Industries, Incorporated Illinois Central Railroad Company, Third Party Virginia Manufacturers Association American Automobile Manufacturers Association Institute of Scrap Recycling Industries, Incorporated, Amici Curiae. Pneumo Abex Corporation Whitman Corporation City of Portsmouth, Virginia, a Municipal Corporation Portsmouth Redevelopment and Housing Authority v. High Point, Thomasville and Denton Railroad Company, Csx Transportation, Incorporated Fruit Growers Express Company, Incorporated Norfolk Southern Railway Company Norfolk & Western Railway Company, & Third Party and Csx Corporation Erie Lackawanna, Incorporated Consolidated Rail Corporation Greenlease Holding Company Lake Terminal Rail Company New York, Susquehanna & Western Railroad Company Usx Corporation John C. Holland, Jr. Cambria & Indiana Railroad Company Florida East Coast Railway Company, Florida East Coast Industries, Incorporated Pittsburgh & Lake Erie Railroad Company, Incorporated Richmond, Fredericksburg & Potomac Railroad Company, Incorporated Union Railroad Company, Incorporated Bessemer and Lake Erie Railroad Company, Incorporated, & Third Party Kaufman & Canoles, P.C., Party in Interest v. The Runnymede Corporation Holland Investment and Manufacturing Company, Incorporated American Premier Underwriters, Incorporated Wimco Wimco Metals, Incorporated Wilmat Holdings, Incorporated Triangle Industries, Incorporated Illinois Central Railroad Company, Third Party Virginia Manufacturers Association American Automobile Manufacturers Association Institute of Scrap Recycling Industries, Incorporated, Amici CuriaeCourt of Appeals for the Third Circuit · 1998
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