U.S. v. HARDAGE

No. 92-6101.

985 F.2d 1427 (1993)

UNITED STATES of America, Plaintiff, v. Royal N. HARDAGE, Oklahoma National Stockyards Company, J.O.C. Oil Exploration, Dal-Worth Industries, Double Eagle, Samuel Bishkin, doing business as Eltex Chemical, L & S Bearing Company, Kerr-McGee Corporation, Cato Oil, Advance Chemical Distribution, Inc., Allied-Signal, Inc., AT & T Technologies, Inc., Ashland Oil, Inc., Atlantic Richfield Company, Borg-Warner Corporation, Exxon Corporation, The Firestone Tire and Rubber Company, Foster Feed & Seed Co., Gencorp, Inc., Bull HN Information Systems Inc., Magnetic Peripherals, Inc., Maremont Corporation, Mobil Chemical Company, Nalco Chemical Company, Oklahoma Gas & Electric Company, The Oklahoma Publishing Company, Rockwell International Corporation, Texaco, Inc., Texas Instruments, Inc., Uniroyal Inc., UOP, Inc., Westinghouse Electric Corporation, Weyerhaeuser Company, Powell Sanitation Service, Inc., Defendants, and United States Pollution Control, Defendant-Appellant, McDONNELL-DOUGLAS CORPORATION, Defendant-Appellee, v. A.H. BELO, doing business as Dallas Morning News, Acme Fence & Iron Co., Alamo Group Texas, Inc., Aircraftsman, Inc., Agnew Auto Parts, American National Can Corporation, Anadite, Inc., Arrow Tank Trucks, Aztec Manufacturing, Arrow Industries, Aviall of Texas, Inc., BASF, Betz Laboratories, Inc., Blanks Engraving, Beazers Materials, Blackwell Zinc Company, Inc., Broadway Machine & Motor Supply, Inc., The Bucket Shop, Inc., Charles Machine Works, Inc., Container Supply, Inc., Carnation Company, Container Corp. of America, Continental Can Company, Inc., Cook Paint & Varnish Co., CTU of Delaware, Country Home Meat Company, Dart Industries, Delta Faucet Company, Del Paint Corporation, Dixico, Inc., Downtown Airpark, Inc., Drilex Systems, Inc., Dubois Chemicals, Inc., Dresser Industries, Inc., Drillers Engine & Supply, Inc., Dura Chrome, Fisher Controls, GAF, E C Industries, Fred Jones Manufacturing Company, General Dynamics, General Motors Corporation, Glidden Company, SCM Corporation, Groendyke Transport, Inc., General Electric Company, Goodyear Tire and Rubber, Inc., H.W. Allen, Hudiberg Chevrolet, Ingersoll-Rand Oilfield Products Company, Hinderliter Tool, ICO, Inc., formerly known as Rodco, Inc., Johnson Controls, Inc., Johnson & Johnson Medical, Inc., Ortho Pharmaceutical Corp., Johnson-Johnson Hospital, Surgikos, Inc., Kelly Moore Paint, Kerr Glass Manufacturing, Jones-Blair Co., Laidlaw Waste, W.J. Lamberton, Master Motor Rebuilders, Inc., Morris Fixture Co., Madix, George McKiddie, doing business as Capitol Greese Co., Motorolla, Northrop Worldwide Aircraft, doing business as Earl D. Mills, Packaging Corporation of America, Parker-Hannifin Corp., O'Brien Corporation, Printpack, Inc., Proctor & Gamble Manufacturing Co., Quebecor Printing, Maxwell Communication, Riverside Press, Reliance Universal, Inc., Rotex Corporation, Sherwin Williams Company, Star Manufacturing, Sermatech, Southwest Electric Company, Stearns & Foster Bedding, Susan Crane, Teccor Electronics, Inc., TRW, Inc., Turbodel, United Plating Works, Inc., Valley Steel Products Company, Unit Parts Company, United States Brass Corporation, Van Der Horst USA, Waste Management of Oklahoma, Western Uniform & Towel Service, Zoecon Corporation, Xerox, Consolidated Cleaning, ABCO, Inc., Advance Packaging, Inc., Amedco Steel Inc., American Trailers, Anthes Inc., doing business as Anthes Hi-Reach, Arthur G. McGee & Company, B & J Tank Truck Service, Inc., B.W. Solutions, Inc., Bacon Transport Company, Inc., Beauty Craft Vanities, Blackwell Industrial, Paul Boone, individually and formerly doing business as Lawton Plating Co., Broadway Machine & Motor Supply, Inc., C & H Services, Inc., CMI Corporation, Central Oklahoma Equipment Corporation, Cimarron Aircraft Corporation, Cimarron Manufacturing Company, Cliftco, Inc., Day International Corporation, Diffee Motor Company, D-Mac Leasing, Inc., Eureka Tool Company, Ferris Resources, Inc., Fruehauf Corporation, Fruehauf Division, Fruehauf Corporation, doing business as Hobbs Trailer, Hobbs Trailer, Vernon Garney, individually and doing business as Auto Saver, Glidden Coating, a Division of SCM Corporation, Hamm & Phillips Service Company, Industrial Fabrication Co., Jackie Cooper Olds-GMC, Inc., James Bute Company, William Jenkins, individually and doing business as Foster Septic Tank, J.F. Smith & Sons, Inc., Kelsey-Hayes Corporation, also known as Kelsey Axle & Brakes Co., Bill Lance, Larry Goad & Company, Lassiter Enterprises, Inc., Materials Recovery Enterprises, Inc., McAlester Public Schools, Bob McBroom, individually and doing business as American Furniture Stripping, Ray McGee, individually and doing business as Quality Drum Service, Grease Company, Medley Material Handling Inc., Metroplex Sanitation, Inc., Mistletoe Express Service, Inc., Napko Corporation, Newman Bros. Trucking Company, Noble Chemical Corporation, The City of Norman, Oklahoma Tank Service, Oklahoma Transportation Company, Page Industries, Inc., Powell Electric Manufacturing Company, George Powell, individually and doing business as Powell Service Company, Premier Industrial Corp., doing business as Kent Industries, RWR Steel Company, Rabar Enterprises, Inc., Ram Transports, Inc., Reliance Universal Inc., S & S Plating Company, Solvent Manufacturing Company, Inc., Sooner Oil Patch Services, Inc., Spector Red Ball, Inc., Steelcraft, Inc., Sublett & Associates, Inc., Sunwest Industries of Oklahoma, Inc., Raymond Switzer, individually and doing business as Switzer & Gypsum Lime Company, T.I.P., Inc., Thermo King Sales & Service of Oklahoma, Inc.; Triangle Engineering Company, Trigg Drilling Company, Inc., Victor Equipment Co., Waste Services, Inc., Welch Enterprises, Inc., Jim Wesley, individually and doing business as Jim's Septic Tank, Western Commercial Transport, Inc., Westran Corporation, Witco, Inc., XAL Corporation, Thomas Engel, A-Better Sanitation Service, Inc., Reagent Chemical & Research, Inc., Sun Exploration & Prod. Co., Cameron Iron Works, J.C. Penney Co., Inc., Rohm & Haas Seeds, Inc., Phillips Petroleum Company, South Prairie Construction Co., The Atchison, Topeka and Santa Fe Railway Company, Nordam Corp., National Can Corp., Land & Marine Rental Co., formerly known as Tesoro Land & Marine Rental Co., Goodyear Tire and Rubber, Inc., Crowl Machine & Heat Treating Co., Crane Carrier Co., Corning Glass Works, Delta Faucet Co., Occidental Chemical, John Zink Co., General Motors Corp., Dura-Chrome Industries, Inc., The Dow Chemical Co., also known as Dow Industrial Service of the Dow Chemical Co., Dowell Division of the Dow Chemical Co., & Brasos Oil & Gas Division of the Dow Chemical Co., IUTS Liquidating Corp., formerly know as Industrial Uniform & Towel Supply Inc., Clyde's Carburetor Service, Inc., Amoco Prod. Co., formerly known as Pan American Petroleum, Dover Resources, Inc., Hudiburg Chevrolet, Inc., AMF Tuboscope, Eason Oil Co., Fox-Smythe Transportation Co., International Crystal Mfg. Co., KOBE, Inc., Nelson Electric Power Service, Inc., Newspaper Printing Corporation, Ryder Truck Rental, Inc., formerly known as Wilco Truck Rental, Inc., Southwest Electric Company, Star Mfg. Co. of Oklahoma, Corken International Corp., formerly known as Corken Pump Co., Glow-Lite Corp., (ARTRA), General Electric Company, Ford Motor Co., Conoco, Inc., E.I. Dupont De Nemours & Co., Continental Oil Co., Day International Corporation, (Electric Hose & Rubber), Central Sales Promotion, Inc., Sooner Ford Truck Sales, Inc., W & W Steel Co., Chromalloy American, Brittain Brothers, ICO, Inc., formerly known as Fodco, Inc., Sucker Rod Service, and Rodcore, Inc., Homco International, doing business as A-1 Bit & Tool, Tom Brown's Optical Service, Inc., Third-Party-Defendants.

United States Court of Appeals, Tenth Circuit.

February 16, 1993.


Attorney(s) appearing for the Case

Raymond T. Reott (Theodore R. Tetzlaff and Gary W. Ballesteros, of Jenner & Block, were with him on the briefs), of Jenner & Block, Chicago, IL, for defendant-appellant.

Susan L. Gates (Michael D. Graves, was with her on the brief), Tulsa, OK, for defendant-appellee.

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


TACHA, Circuit Judge.

Defendant-Appellant United States Pollution Control, Inc. ("USPCI") appeals a judgment of the United States District Court for the Western District of Oklahoma finding USPCI liable in indemnification for McDonnell Douglas Corporation's ("MDC") costs relating to the Hardage Superfund Site and awarding attorneys' fees and prejudgment interest. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm in part, reverse in part, and remand for...

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