U.S. v. HARDAGE

No. 90-6325.

982 F.2d 1436 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Royal N. HARDAGE; Special Master; Oklahoma National Stockyards Company; Joc Oil; Dal-Worth, Industries; Double Eagle; Samuel Bishkin, Doing Business as Eltex Chemical; L & S Bearing Company; Kerr-McGee Corporation; Cato Oil; Powell Sanitation Service, Inc.; Lowe Chemical; Monsanto; Textron Inc., Defendants. UNITED STATES POLLUTION CONTROL, Defendant-Appellee, v. HARDAGE STEERING COMMITTEE; Advance Chemical Company; Allied-Signal, Inc.; American Telephone & Telegraph Company; Ashland Oil Inc.; Atlantic Richfield Company; Borg-Warner Corporation; Bridgestone/Firestone, Inc., Formerly Known as the Firestone Tire & Rubber Company; Bull HN Information, Formerly Honeywell Bull Inc.; Exxon Corporation; Gencorp Inc., (Diversitech General); Magnetic Peripherals, Inc.; Maremont Corporation; McDonnell-Douglas Corporation; Mobil Chemical Company; Nalco Chemical Company; Oklahoma Gas and Electric Company; The Oklahoma Publishing Company; Rockwell International Corporation, Formerly Known as, North American Rockwell; Texaco Refining and Marketing, Inc.; Texas Instruments Incorporated; UOP Inc.; Uniroyal Inc.; Westinghouse Electric Corporation; Weyerhaeuser, Third-party-defendants-Appellants, A.H. Belo, Doing Business as Dallas Morning News, Third-party-defendant-Appellee, American Airlines, Inc.; Baxter Health Care Corp., Doing Business as Pharmaseal Laboratories; Benjamin Moore & Company; Bob McBroom, Doing Business as American Furniture Stripping; Brown & Root, Inc.; Browning-Ferris, Inc., Formerly Known as Colt Industries Inc., Doing Business as Holly Specialty Products; Continental Industries Inc.; Crown Industries, Also Known as Crown Transport Co. (Geo International); Desoto, Inc.; Deluxe Corporation, Doing Business as Deluxe Check Printers, Inc.; Diffee Motor Co., Inc.; Engineering Enterprises, Inc.; First National Management, Also Known as First Oklahoma Corp., Formerly Known as First Oklahoma Bancorp, Inc.; Fruehauf Corporation (Hobbs & Kelsey Hayes Divisions); Halliburton Services, a Division of Halliburton Company; Interstate Truck Repair; Maclanburg-Duncan Company; McAlester Public Schools; OK Graphics; Oklahoma Natural Gas Company; Presbyterian Hospital, Inc. Doing Business as Presbyterian Health Foundation; Safety-Kleen Corporation; Shaklee Corporation; Sooner Ford; Southwestern Steel Rolling Door Company; the Agriculture & Nutrition Company; Thomas & Betts Corporation; Unisys Corporation, Formerly Known as Sperry Corporation, Doing Business as Sperry-Vickers; the University of Oklahoma; W.O.L. Corporation, also Known as Wolverine Pipe; Webco Industries, Inc., Doing Business as Southwest Tube Manufacturing Company; Welch Enterprises, Inc., also Known as Welch Oil, Fourth Party Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

December 21, 1992.


Attorney(s) appearing for the Case

Terry W. Schackmann of Spencer Fane Britt & Browne, Kansas City, MO (Jerome T. Wolf, Carl H. Helmstetter, Spencer Fane Britt & Browne, Jeffrey N. Martin, Hunton & Williams, Washington, DC, Kenneth N. McKinney, Robert D. Tomlinson, Robert L. Roark, McKinney, Stringer & Webster, Oklahoma City, OK, with him on the brief), for Hardage Steering Committee, et al.

John T. Stahr, Atty., Environmental and Natural Resources Div., Dept. of Justice, Washington, DC (Richard B. Stewart, Asst. Atty. Gen., David C. Shilton, Steven Novick, Gary S. Guzy, Attys., Environmental and Natural Resources Div., Dept. of Justice, Washington, DC, Charles De Saillan, Atty., Office of Enforcement, E.P.A., Washington, DC with him on the brief), for U.S.

Before TACHA, and BALDOCK, Circuit Judges, and BROWN, District Judge.


BALDOCK, Circuit Judge.

This case arises from the cleanup effort at the Hardage Superfund Site (Hardage site), a federally controlled Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) site near Criner, Oklahoma. CERCLA § 101 et seq., 42 U.S.C. § 9601 et seq. Third-party-defendants Hardage Steering Committee, et al (HSC) appeal from the district court's December 8, 1989 order granting, in part, the United States...

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