U.S. v. FLEET FACTORS CORP.

No. 89-8094.

901 F.2d 1550 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. FLEET FACTORS CORP., Defendant-Third Party Plaintiff-Appellant, Clifford Horowitz and Murray Newton, Defendants, Robert Kolodney, Esq., as Trustee of Swainsboro Print Works, Inc., Debtor, Third Party-Defendant.

United States Court of Appeals, Eleventh Circuit.

As Amended May 29, 1990.


Attorney(s) appearing for the Case

Richard E. Miley, Nixon, Yow, Waller & Capers, Augusta, Ga., Douglas J. Good, Laurice Firenze, Ruskin, Schlissel, Moscou, Evans & Faltischek, Mineola, N.Y., for Fleet Factors Corp.

Donald A. Carr, Acting Asst. Atty. Gen., Anne S. Almy, Jennifer A. Haverkamp, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for U.S.

Before VANCE and KRAVITCH, Circuit Judges, and LYNNE, Senior District Judge.


KRAVITCH, Circuit Judge:

Fleet Factors Corporation ("Fleet") brought an interlocutory appeal1 from the district court's denial of its motion for summary judgment in this suit by the United States to recover the cost of removing hazardous waste from a bankrupt textile facility. The district court denied summary judgment because it concluded that Fleet's activities at the facility might rise to the level of participation in management sufficient...

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