Frank J. KELLEY, Attorney General of the State of Michigan, ex rel., MICHIGAN NATURAL RESOURCES COMMISSION, Michigan Water Resources Commission, and Gordon E. Guyer, Director of the Michigan Department of Natural Resources, Plaintiffs,
v.
ARCO INDUSTRIES CORPORATION, Frederick C. Matthaei, Jr., and Robert P. Ferguson, Defendants,
ARCO INDUSTRIES CORPORATION, Third-Party Plaintiff,
v.
NORTHWEST COATINGS CORP., a Wisconsin corporation, General Latex and Chemical Corporation, an Ohio corporation, E.I. DuPont De Nemours and Company, a Delaware corporation, the Village of Schoolcraft, a Michigan municipal corporation, Drake's Fuel Service, Inc., a Michigan corporation, John H. Biewer Company, Inc., a Michigan corporation, Bar-Mo Metalcrafters, Inc., a Michigan corporation, Quality Films, Inc., a Michigan corporation, Grand Trunk Western Railroad Company, a Michigan corporation, Weiss Trucking Company, Inc., an Indiana corporation, Grand Rapids Sash and Door Company, a Michigan corporation, G-H Detroit Holdings Company (formerly Peerless Cement Company), a Delaware corporation, Third-Party Defendants.
United States District Court, W.D. Michigan, S.D.https://leagle.com/images/logo.png
September 27, 1989.
September 27, 1989.
Attorney(s) appearing for the Case
Frank J. Kelley, Atty. Gen., by Stanley F. Pruss, Asst. Atty. Gen., Environmental Protection Div., Lansing, Mich., for plaintiffs.
Varnum, Riddering, Schmidt & Howle by Charles M. Denton, Grand Rapids, Mich., for Frederick C. Matthaei, Jr.
Miller, Johnson, Snell & Cummiskey by Jon R. Muth, Grand Rapids, Mich., for Robert P. Ferguson.
Warner, Norcross & Judd by Douglas Wagner, Grand Rapids, Mich., for DuPont.
Touma, Watson, Nicholson Whaling, Fletcher & Degrow by Gary A. Fletcher, Port Huron, Mich., for John A. Biewer Co.
Linsey, Strain & Worsfold by Donald Worsfold, Grand Rapids, Mich., Ford & Kriekard by Robert A. Soltis, Kalamazoo, Mich., for Village of Schoolcraft.
Landman, Latimer, Clink & Robb by Steven C. Kohl, Muskegon, Mich., for Drake Fuel Service.
Gemrich, Moser, Bowser, Fette & Lohrmann by Alfred Gemrich, Kalamazoo, Mich., for Bar-Mo Metalcrafters and Quality Films.
Clary, Nantz, Wood, Hoffius by Mark R. Smith, Smith, Haughey, Rice & Roegge by Gary A. Rowe, Grand Rapids, Mich., for Grand Rapids Sash & Door.
Clark, Klein & Beaumont by Grant R. Trigger, Detroit, Mich., for Weiss Trucking Co.
Clark, Klein & Beaumont by Laurence Scoville, Detroit, Mich., for G-H Holdings of Detroit.
Honigman Miller Schwartz and Cohn by Jay E. Brant, Detroit, Mich., Butler, Durham & Svikis by Sidney D. Durham, Parchment, Mich., for Arco Industries Corp.
Early, Lennon, Fox, Thompson, Peters & Crocker by Gordon C. Miller, J. Richardson Johnson, Kalamazoo, Mich., Quarles & Brady by Arthur A. Vogel, Jr, James F. Boyle, Milwaukee, Wis., Quarles & Brady, by William H. Harbeck and Jeffrey K. Spoerk (c/o J. Richardson Johnson), Kalamazoo, Mich., for Northwest Coatings.
Miller, Canfield by Robert VanderLaan, Grand Rapids, Mich., Goodwin, Proctor & Hoar by Paul F. Ware Jr, Jeffrey Bates, Barbara Gruenthal, Boston, Mass., Zarbock & Ford by James B. Ford, Kalamazoo, Mich., for General Latex and Chemical.
United States District Court, W.D. Michigan, S.D.
OPINION
ENSLEN, District Judge.
The parties in this action have asked the Court to clarify a more exact legal standard by which corporate officers and directors may be held personally liable under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). The Court in its August 23, 1989 opinion set forth factors relevant to officer and manager liability issues; however, chose not to explicitly define the legal standard. I noted...
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