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LOUISIANA-PACIFIC CORP. v. ASARCO INC.

Nos. 92-35061, 92-35144, 92-35145, 92-35148, 92-35149 and 93-35152.

6 F.3d 1332 (1993)

LOUISIANA-PACIFIC CORPORATION; Port of Tacoma, Plaintiffs-Appellees, v. ASARCO INCORPORATED, Defendant-Third-Party Plaintiff-Appellant, v. William FJETLAND; B & L Trucking and Construction Co., Inc.; Industrial Mineral Products, Inc.; Murray Pacific Corporation; Portac, Inc.; Cascade Timber Company; Executive Bark Inc.; Wasser & Winters Company; Eagle Trucking, Inc., Third-Party Defendants-Appellees. LOUISIANA-PACIFIC CORPORATION, Plaintiff, v. CASCADE TIMBER COMPANY, Third-Party Defendant-Counter-claimant-Appellant, v. ASARCO INCORPORATED, Defendant-Third-Party Plaintiff-Appellee, v. William FJETLAND; B & L Trucking and Construction Co., Inc.; Industrial Mineral Products, Inc.; Murray Pacific Corporation; Portac, Inc., Third-Party Defendants. LOUISIANA-PACIFIC CORPORATION; Port of Tacoma, Plaintiffs, Portac, Inc., Third-Party Defendant-Counter-Claimant-Appellant, v. ASARCO INCORPORATED, Defendant-Third-Party Plaintiff-Appellee, William Fjetland, et al., Third-Party Defendants. LOUISIANA-PACIFIC CORPORATION; Plaintiff, v. MURRAY PACIFIC CORPORATION, Third-Party Defendant-Counter-Claimant-Appellant, v. ASARCO INCORPORATED, Defendant-Third-Party Plaintiff-Appellee, William Fjetland, et al., Third-Party Defendants. LOUISIANA-PACIFIC CORPORATION; Port of Tacoma, Plaintiffs, Wasser & Winters Company, Third-Party Defendant-Counter-Claimant-Appellant, v. ASARCO INCORPORATED, Defendant-Third-Party Plaintiff-Appellee, William Fjetland, et al., Third-Party Defendants. LOUISIANA-PACIFIC CORPORATION; Plaintiff, and Port of Tacoma, Plaintiff-Appellant, v. ASARCO INCORPORATED, Defendant-Third-Party Plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1993.

Attorney(s) appearing for the Case

Peter A. Wald and M. Laurence Popofsky, Heller, Ehrman, White & McAuliffe, San Francisco, CA, for defendant-third-party plaintiff-appellant ASARCO, Inc.

Jeffrey W. Leppo and Karen M. McGaffey, Bogle & Gates, Seattle, WA, for plaintiff-appellee Port of Tacoma.

Roger Clegg, Acting Asst. Atty. Gen. and Timothy J. Dowling, Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for amicus curiae.

Before: WRIGHT, THOMPSON and KLEINFELD, Circuit Judges.

OVERVIEW

DAVID R. THOMPSON, Circuit Judge:

This suit arises from the pollution of several sites near the Port of Tacoma ("the Port") by heavy metal contaminants leached from a slag and woodwaste mixture. ASARCO, Inc. ("ASARCO") produced the slag as a by-product of its smelting operations. ASARCO was found liable to the site owners and operators under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§...

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