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SMITH LAND & IMP. CORP. v. CELOTEX CORP.

Nos. 87-5740, 87-5741.

851 F.2d 86 (1988)

SMITH LAND & IMPROVEMENT CORPORATION, Appellant in 87-5740, v. The CELOTEX CORPORATION. SMITH LAND & IMPROVEMENT CORPORATION, Appellant in 87-5741, v. RAPID-AMERICAN CORPORATION.

United States Court of Appeals, Third Circuit.

Decided June 30, 1988.

Rehearing Denied August 1, 1988.

Attorney(s) appearing for the Case

R. Stephen Shibla (argued), Joel R. Burcat, Donna M.J. Clark, Rhoads & Sinon, Harrisburg, Pa., for Smith Land & Imp. Corp.

Gilbert F. Casellas (argued), Judith B. Wait, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for appellees The Celotex Corp. and Rapid-American Corp.

Roger J. Marzulla, Acting Asst. Atty. Gen., Robert L. Klarquist, Elizabeth Ann Peterson, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for amicus curiae U.S.

Before WEIS, GREENBERG and ALDISERT, Circuit Judges.

Rehearing In Banc Denied August 1, 1988.

OPINION OF THE COURT

WEIS, Circuit Judge.*

This is a suit by a purchaser of land seeking contribution toward expenses incurred in the clean-up of a hazardous waste site. The defendant invoked and the district court accepted the defense of caveat emptor. A review of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601-75...

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