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JACKSONVILLE ELEC. AUTHORITY v. BERNUTH CORP.

No. 92-2169.

996 F.2d 1107 (1993)

JACKSONVILLE ELECTRIC AUTHORITY, Plaintiff, Counter-Defendant-Appellant, v. BERNUTH CORPORATION; Eppinger & Russell Company, a New York Corporation, Defendants-Counter-Claimants, Cross-Claimants, Third Party Plaintiffs, Counter-Defendants, Cross-Claim Defendants. TRUSTEES OF TUFTS COLLEGE, INC., d/b/a Tufts University, Defendant, Cross-Claim Defendant, Cross-Claimant, Counter-Claimant-Appellee, v. SOUTHERN REGION INDUSTRIAL REALTY COMPANY, Third-Party Defendant, Counter-Claimant.

United States Court of Appeals, Eleventh Circuit.

July 30, 1993.

Attorney(s) appearing for the Case

James Lee Harrison, Daniel Deon Richardson, Richard L. Maguire, Gregory Keith Radlinski, and Rogers, Towers, Bailey, Jones & Gay, Jacksonville, FL, for appellant.

Malcolm V. McKay and Spencer M. Punnett II, Roger D. Schwenke, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, FL, for Tufts.

Richard A. Marshall, Jr., Miami, FL, for defendants.

James Edgar Cobb, Peek & Cobb, Jacksonville, FL and Eileen Crowley, Branch, Pike & Ganz, Atlanta, GA, for Southern Region, Third Party, defendant.

Before COX, Circuit Judge, MORGAN and HENDERSON, Senior Circuit Judges.

PER CURIAM:

The only issue in this appeal is whether there is sufficient evidence in the record to support the claim of the appellant, Jacksonville Electric Authority ("JEA"), that the appellee, Trustees of Tufts College d/b/a Tufts University ("Tufts"), operated a wood treatment facility more than fifty years ago on property now occupied by JEA so as to require contribution by Tufts for "cleanup" costs of the land as provided in the Comprehensive Environmental Response...

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