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COMMANDER OIL CORP. v. BARLO EQUIPMENT CORP.

Docket Nos. 98-7975, 98-9075

215 F.3d 321 (2000)

COMMANDER OIL CORP., Plaintiff-Counter-Defendant-Appellee-Cross-Appellant, v. BARLO EQUIPMENT CORP., Defendant-Appellant-Cross-Appellee, Advance Food Service Equipment et al., Defendants-Counter-Claimants, Jackson Steel Products, Inc. and Slater Electric, Inc., Defendants-Counter-Claimants-Third-Party Plaintiffs, Die Matic Products, Inc., Defendant-Cross-Claimant, M.V. Barmed, Inc. and Jackson Acquisition Corp., Third-Party Plaintiffs, John J. Bernansky et al., Third-Party Defendants, Amperex Electronic Co. et al., Defendants, Robert Pasley and Pasley Solvents & Chemicals, Inc., Defendants-Cross-Defendants.

United States Court of Appeals, Second Circuit.

Decided June 12, 2000.

Attorney(s) appearing for the Case

David Jacoby, Martin B. Wasser, Daniel Kolko, Phillips Nizer Benjamin Krim & Ballon LLP, New York, N.Y., J. David MacCartney, Jr., MacCartney, MacCartney, Kerrigan & MacCartney, Nyack, New York, on the brief, for Plaintiff-Counter-Defendant-Appellee-Cross-Appellant.

Andrew J. Simons, Farrell Fritz, P.C., Uniondale, New York, for Plaintiff-Counter-Defendant-Appellee-Cross-Appellant.

Before: WALKER, CABRANES, and KATZMANN, Circuit Judges.

JOHN M. WALKER, Jr., Circuit Judge:

This dispute requires us to decide whether the lessee of a 75' X 250' parcel of land in Uniondale, New York, may be held liable as an "owner" for purposes of allocating the costs of remediation imposed by the Environmental Protection Agency ("EPA") under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 ("CERCLA").

Defendant Barlo Equipment Corp. ("Barlo") appeals...

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