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AMOCO OIL CO. v. BORDEN, INC.

No. 88-2860.

889 F.2d 664 (1989)

AMOCO OIL COMPANY, Plaintiff-Appellant, v. BORDEN, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing January 23, 1990.

Attorney(s) appearing for the Case

Edward W. Warren, David G. Norrell, Joseph S. Hoover, Jr., Washington, D.C., McLeod, Alexander, Powel & Apffel, Ervin A. Apfell, Jr., Otto D. Hewitt, III, Galveston, Tex., Jana Gill, Washington, D.C., for plaintiff-appellant.

Blake A. Watson, Appellate Section, Land & Natural Resources Div., Washington, D.C., amicus curiae for U.S.

Thomas W. Hill, Melvin D. Weinstein, Emens, Hurd, Kegler & Ritter, and Lawrence L. Dieker, Columbus, Ohio, for defendant-appellee.

Before BROWN, REAVLEY and HIGGINBOTHAM, Circuit Judges.

REAVLEY, Circuit Judge:

In a private action brought under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C.A. §§ 9601-9675 (1983 & Supp.1989),1 Amoco Oil Co. ("Amoco") sought a declaratory judgment for liability and response cost damages from Borden, Inc. ("Borden"), from which Amoco had purchased contaminated industrial property. Finding that Amoco had failed to establish...

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