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U.S. v. DART INDUSTRIES, INC.

No. 87-3130.

847 F.2d 144 (1988)

UNITED STATES of America, Plaintiff, v. DART INDUSTRIES, INC., General Electric Company, Kerr Glass Manufacturing Corp., Defendant & Third Party Plaintiffs-Appellants. TECHNOGRAPHICS PRINTWORLD, INC., Defendant & Third Party Plaintiff, v. SOUTH CAROLINA DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, Third Party Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 27, 1988.

Attorney(s) appearing for the Case

Gary J. Toman (Charles H. Tisdale, Jr., King & Spaulding, Atlanta, Ga., Julius W. McKay, Haynsworth, Marion, McKay & Guerard, Columbia, S.C., on brief), for defendant & third party plaintiffs-appellants.

Jacquelyn S. Dickman, Asst. Gen. Counsel (Walton J. McLeod, III, Gen. Counsel, South Carolina Dept. of Health & Environmental Control, Columbia, S.C., on brief), for third party defendant-appellee.

Before HALL and ERVIN, Circuit Judges, and BRITT, Chief Judge, United States District Court for the Eastern District of North Carolina, sitting by designation.

ERVIN, Circuit Judge:

Defendants and third party plaintiffs Dart Industries, Inc. (Dart), General Electric Company (GE) and Kerr Glass Manufacturing Corporation (Kerr), appeal the dismissal by the district court of their third party complaint against the South Carolina Department of Health and Environmental Control (DHEC). We agree with the finding by the lower court that DHEC is not and never has been an owner or operator of the site in question under the Comprehensive...

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