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LOUISIANA-PACIFIC CORP. v. ASARCO, INC.

No. 89-35402.

909 F.2d 1260 (1990)

LOUISIANA-PACIFIC CORPORATION, Plaintiff, v. ASARCO, INC., Defendant-Third-Party-Plaintiff-Appellant, v. L-Bar Products, Inc., a Washington corporation as Successor in Interest to third-party defendant, Third-Party-Defendant-Appellee, and William FJETLAND; Industrial Mineral Products, Inc., a Washington corporation; Murray Pacific Corporation, a Washington corporation; Portac, Inc., a Delaware corporation on its own behalf and as Successor in Interest; US Gypsum Company, a Delaware corporation; Cascade Timber Company, a Washington corporation; Executive Bark, Inc., a Washington corporation; Wasser & Winters Company, a Washington corporation, Third-Party-Defendants.

United States Court of Appeals, Ninth Circuit.

Decided July 3, 1990.

As Amended August 6, 1990.

Attorney(s) appearing for the Case

Michael R. Thorpe, Blair C. Stone, Heller, Ehrman, White & McAuliffe, Seattle, Wash., for defendant/third party plaintiff-appellant.

Richard W. Elliott, Jeff Belfiglio, and Miriam Reed, Davis Wright Tremaine, Bellevue, Wash., for third-party defendant-appellee.

Before WRIGHT, POOLE and BRUNETTI, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This appeal arises out of consolidated actions brought by Louisiana-Pacific Corporation and the Port of Tacoma against Asarco, Inc., under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. §§ 9607, 9613, for recovery of costs incurred in cleaning up the release of hazardous waste. Asarco brought a third...

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