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TIPPINS INC. v. USX CORP.

Nos. 93-3587, 93-3599 and 93-3609.

37 F.3d 87 (1994)

TIPPINS INCORPORATED, a Pennsylvania corporation; and International Mill Construction, Inc., a Pennsylvania corporation. v. USX CORPORATION; a Pennsylvania corporation; and Petroclean Inc., a Pennsylvania corporation, USX Corporation, Appellant in No. 93-3587, Petroclean, Inc., Appellant in No. 93-3599, Tippins Incorporated and International Mill Construction, Inc., Appellants in No. 93-3609.

United States Court of Appeals, Third Circuit.

Decided September 12, 1994.

Attorney(s) appearing for the Case

David L. Smiga (Argued), USX Corp., Pittsburgh, PA, for appellant/cross-appellee USX Corporation.

Carolyn M. Branthoover (Argued), Scott E. Westwood, Kirkpatrick & Lockhart, Pittsburgh, PA, for appellees/cross-appellants Tippins Inc. and Intern. Mill Const., Inc.

Robert S. Adams (Argued), Wittlin, Goldston, Caputo & Pollock, Pittsburgh, PA, for appellees/cross-appellants Petroclean, Inc.

Before: BECKER and HUTCHINSON, Circuit Judges, and JOYNER, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

These appeals from two orders of the district court in a contribution action involving the allocation of response costs under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C.A. §§ 9601-75 (1983 & Supp. 1994), present an interesting question of first impression in the courts of appeals concerning transporter liability under CERCLA § 107(a)(4), 42...

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