MATTER OF BELL PETROLEUM SERVICES, INC.

No. 91-8080.

3 F.3d 889 (1993)

In the Matter of BELL PETROLEUM SERVICES, INC., Debtor. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Appellee, v. SEQUA CORPORATION and Chromalloy American Corp., Appellants. UNITED STATES of America, Plaintiff-Appellee, v. BELL PETROLEUM SERVICES, INC., Regal International, Inc. and John R. Leigh, Defendants, Sequa Corporation and Chromalloy American Corp., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 28, 1993.


Attorney(s) appearing for the Case

James B. Harris, Scott D. Deatherage, Laurie Kratky Doré, Thompson & Knight, Dallas, TX, for Sequa Corp. and Chromalloy American Corp.

Albert M. Ferlo, Jr., Dirk D. Snel, U.S. Dept. of Justice, Appellate Section, Env. & Natural Resources Div., Washington, DC, for appellee.

W.B. Browder, Jr., Stubbemann, McRae, Sealy, Laughlin & Browder, Inc., Midland, TX, for Regal.

Michael T. Morgan, Morgan & Wald, Midland, TX, for Leigh.

Eugene B. Labay, Kevin M. Beiter, Cox & Smith, San Antonio, TX, for Bell.

Before JOLLY and DUHÉ, Circuit Judges, and PARKER, District Judge.


E. GRADY JOLLY, Circuit Judge:

The Environmental Protection Agency (EPA) seeks to recover its response costs under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) because of a discharge of chromium waste that contaminated a local water supply. Sequa Corporation appeals from the imposition of joint and several liability, challenges the EPA's decision to provide an alternate water supply system to the area in which the groundwater was...

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