TOWN OF MUNSTER, IND. v. SHERWIN-WILLIAMS, CO.

No. 93-2751.

27 F.3d 1268 (1994)

TOWN OF MUNSTER, INDIANA, Plaintiff-Appellant, v. SHERWIN-WILLIAMS CO., INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 27, 1994.


Attorney(s) appearing for the Case

Eugene M. Feingold (argued), Steven P. Kennedy, Munster, IN, for plaintiff-appellant.

Paul A. Leonard, Jr., Joseph S. Van Bokkelen, Jane B. Amdahl (argued), Goodman, Ball & Van Bokkelen, Highland, IN, for defendant-appellee.

Deborah A. Lawrence, Jacqueline A. Simmons, Ice, Miller, Donadio & Ryan, Indianapolis, IN, for amici curiae Indiana Mun. Lawyer's Ass'n, Indiana Ass'n of Cities and Towns.

Before COFFEY, FLAUM, and MANION, Circuit Judges.


FLAUM, Circuit Judge.

The Town of Munster, Indiana, ("Munster") brought a private cost recovery action against Sherwin-Williams Co., Inc. ("Sherwin-Williams") under § 107 of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9607, seeking contribution for the cost of cleaning up hazardous waste on a tract of land owned by Munster. The parties tried the case to a magistrate who concluded that the equitable defense...

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