U.S. v. USX CORPORATION

No. 94-5681.

68 F.3d 811 (1995)

UNITED STATES of America v. USX CORPORATION; Atlantic Disposal Service, Inc.; Eastern Solid Waste Equipment Company, Inc.; A.C. Realty; Churchdale Leasing Inc.; Paul C. Murphy, Inc.; Attwoods, Inc.; Alvin White; Ave Maria Carite, As Executor of the Estate of Charles Carite; Stephen Miner, as Executor of the Estate of Charles Carite, Defendants. Alvin WHITE; A.C. Realty; Anthony Carite, Jr., Ave Maria Carite, as Executor of the Estate of Charles Carite; Stephen Miner, as Executor of the Estate of Charles Carite; Atlantic Disposal Service, Inc.; USX Corporation; The Harleysville Mutual Insurance Company, Third-party Plaintiffs v. CHUBB GROUP OF INSURANCE COMPANIES; First State Insurance Company; The Harleysville Mutual Insurance Company; Interstate Fire and Casualty Company; Pennsylvania Manufacturers Insurance Company; Safety Mutual Casualty Corporation; Wyle Laboratories, Inc.; Eastern Solid Waste Equipment Company, Inc.; Churchdale Leasing Inc.; A.C. Realty; Attwoods, Inc.; Paul C. Murphy, Inc.; Alvin H. White; Ave Maria Carite, as Executor of the Estate of Charles Carite; Stephen Miner, as Executor of the Estate of Charles Carite; Anthony Carite, Jr.; Utica Mutual Insurance Company, Third-party Defendants Atlantic Disposal Service, Inc., Alvin White, A.C. Realty, Ave Marie Carite, as Executor of the Estate of Charles Carite, and Stephen Miner, as Executor of the Estate of Charles Carite, Appellants.

United States Court of Appeals, Third Circuit.

Decided October 23, 1995.

As Amended December 14, 1995.


Attorney(s) appearing for the Case

Sanford F. Schmidt (Argued), Gerston, Cohen & Grayson, Haddonfield, NJ, for Appellants Atlantic Disposal Service, Inc., Alvin White and A.C. Realty.

Joseph H. Kenney (Argued), Kenney & Kearney, Cherry Hill, NJ, for Appellants Ave Maria Carite and Stephen Miner, as Executors of the Estate of Charles Carite.

Albert M. Ferlo, Jr. (Argued), United States Dept. of Justice, Environment & Natural Resources Division, Washington, DC, for Appellee.

Before: BECKER and ALITO, Circuit Judges, VANASKIE, District Judge.


OPINION OF THE COURT

VANASKIE, District Judge.

This is an appeal from a declaratory judgment in favor of the United States and against defendants/appellants Atlantic Disposal Service, Inc. ("ADS"), the principal shareholders of ADS, Alvin White ("White") and Charles Carite ("Carite"), and A.C. Realty, decreeing that each is jointly and severally liable under § 107 of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA...

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