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U.S. v. ALEXANDER

No. 92-7038.

981 F.2d 250 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. U.T. ALEXANDER, et al., Defendants. MALONE TRUCKING COMPANY, Defendant-Cross Claimant-Appellant, and Eugene B. Wilshire, Jr., Appellant, v. JOC OIL EXPLORATION CO., INC., formerly known as Velsicol Chemical Corp., Southern Pacific Transportation Co., Chromalloy American Corp., Borden, Inc., Texas City Terminal Railway, Cross Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 21, 1993.

Attorney(s) appearing for the Case

Jacalyn D. Scott and Thomas E. Bilek, Wilshire, Scott & Dyer, Houston, TX, for appellants.

J. Carol Williams, Environmental & Natural Resources Div., U.S. Dept. of Justice and John A. Bryson, Washington, DC, for the U.S.

Jerry Brown, James E. McNerney, and Donald W. Towe, Houston, TX, for Borden, Southern Pacific, Texas City Terminal, Chromalloy American, Maxus Energy, Velsicol and Samuel Bishkin.

William B. Allison, Sewell & Riggs, Houston, TX, for Chromalloy American Corp.

Douglas S. Craig, Jr. and Kristie K. Sullivan, Haynes & Boone, Houston, TX, for Joc Oil Exploration Co.

David W. Long, Southern Pacific Transp. Co., San Francisco, CA, for Texas City Terminal Ry.

Before DAVIS and JONES, Circuit Judges and PARKER, District Judge.

W. EUGENE DAVIS, Circuit Judge:

Appellant challenges the district court's Rule 11 sanctions order. We conclude that the district court abused its discretion in imposing sanctions and vacate its order.

I.

In 1986, the government filed suit against appellant Malone Trucking Company (Malone) and over two dozen other defendants under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C.A. § 9601, ...

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