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IN RE BERGSOE METAL CORP.

No. 89-35397.

910 F.2d 668 (1990)

In re BERGSOE METAL CORPORATION, a Delaware corporation, SSN I.D. No. 93-0174023, Debtor, David A. HILL, trustee for Bergsoe Metal Corporation and; United States National Bank of Oregon, a national banking association, Plaintiffs, v. The EAST ASIATIC COMPANY, LTD.; The East Asiatic Company, Inc.; Heidelberg Eastern, Inc., Defendants-Counterclaimants/Appellants, v. PORT OF ST. HELENS, Counterdefendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 9, 1990.

Attorney(s) appearing for the Case

Elizabeth A. Conklyn, Bogle & Gates, Seattle, Wash., for defendants-counterclaimants/appellants.

Jeffrey M. Batchelor, Spears, Lubersky, Bledsoe, Anderson, Young & Hilliard, Portland, Or., for counterdefendant/appellee.

Before BROWNING, ALARCON and KOZINSKI, Circuit Judges.

KOZINSKI, Circuit Judge:

The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq. (CERCLA), provides that the "owner" of a contaminated facility is liable for the costs of cleanup. It is left for the courts, however, to clean up the mess left behind by complicated financial transactions. We search for the CERCLA owner.

Facts

Bergsoe Metals is a Delaware corporation formed in 1978 for the purpose...

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