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ANSPEC CO., INC. v. JOHNSON CONTROLS, INC.

No. 89-2393.

922 F.2d 1240 (1991)

The ANSPEC COMPANY, INC. and Hugh Montgomery, Plaintiffs-Appellants, v. JOHNSON CONTROLS, INC., Hoover Universal, Inc., Hoover Group, Inc. and Ultraspherics, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 4, 1991.

Attorney(s) appearing for the Case

Ann F. Goodman, Louis B. Reinwasser, Miller, Canfield, Paddock & Stone, Lansing, Mich., Allyn D. Kantor (argued), Miller, Canfield, Paddock & Stone, Ann Arbor, Mich., for plaintiffs-appellants.

Jeffrey O. Cerar, Washington, D.C., Mary K. Kator, Clark, Klein & Beaumont, Detroit, Mich., Paul E. Gutermann (argued), Squire, Sanders & Dempsey, Washington, D.C., for defendants-appellees.

Ellen J. Durkee (argued), U.S. Dept. of Justice, Washington, D.C., for amicus curiae U.S.

Before KENNEDY and GUY, Circuit Judges, and LIVELY, Senior Circuit Judge.

LIVELY, Senior Circuit Judge.

The question in this case is whether a successor corporation resulting from a merger with a corporation that had released hazardous waste materials on a previously owned site can be held liable for cleanup costs incurred by the present owner of the polluted property under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq. (1988) (CERCLA). The district court...

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