LOUISIANA-PACIFIC CORP. v. ASARCO INC.

Nos. 92-35061, 92-35144, 92-35145, 92-35148, 92-35149, 92-35152.

24 F.3d 1565 (1994)

LOUISIANA-PACIFIC CORPORATION; Port of Tacoma, Plaintiffs-Appellees, v. ASARCO INCORPORATED, Defendant-Third-Party Plaintiff-Appellant, v. William FJETLAND; B & L Trucking and Construction Co., Inc.; Industrial Mineral Products, Inc.; Murray Pacific Corporation; Portac, Inc.; Cascade Timber Company; Executive Bark Inc.; Wasser & Winters Company; Eagle Trucking, Inc., Third-Party Defendants-Appellees. LOUISIANA-PACIFIC CORPORATION, Plaintiff, v. CASCADE TIMBER COMPANY, Third-Party Defendant-Counter-Claimant-Appellant, v. ASARCO INCORPORATED, Defendant-Third-Party Plaintiff-Appellee, William Fjetland; B & L Trucking and Construction Co., Inc.; Industrial Mineral Products, Inc.; Murray Pacific Corporation; Portac, Inc., Third-Party Defendants. LOUISIANA-PACIFIC CORPORATION; Port of Tacoma, Plaintiffs, Portac, Inc., Third-Party Defendant-Counter-Claimant-Appellant, v. ASARCO INCORPORATED, Defendant-Third-Party Plaintiff-Appellee, William Fjetland, et al., Third-Party Defendants. LOUISIANA-PACIFIC CORPORATION; Plaintiffs, v. MURRAY PACIFIC CORPORATION, Third-Party Defendant-Counter-Claimant-Appellant, v. ASARCO INCORPORATED, Defendant-Third-Party Plaintiff-Appellee, William Fjetland; B & L Trucking and Construction Co., Inc.; Industrial Mineral Products, Inc., Third-Party Defendants. LOUISIANA-PACIFIC CORPORATION; Port of Tacoma, Plaintiffs, Wasser & Winters Company, Third-Party Defendant-Counter-Claimant-Appellant, v. ASARCO INCORPORATED, Defendant-Third-Party Plaintiff-Appellee, William Fjetland, et al., Third-Party Defendants. LOUISIANA-PACIFIC CORPORATION, Plaintiff, and Port of Tacoma, Plaintiff-Appellant, v. ASARCO INCORPORATED, Defendant-Third-Party Plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed September 23, 1993.

Amending Order Filed January 13, 1994.

Opinion Withdrawn April 28, 1994.

Filed April 28, 1994.

As Amended August 30, 1994.


Attorney(s) appearing for the Case

Peter A. Wald and M. Laurence Popofsky, Heller, Erhman, White & McAuliffe, San Francisco, CA, for defendant-third-party plaintiff-appellant ASARCO, Inc.

Jeffrey W. Leppo and Karen M. McGaffey, Bogle & Gates, Seattle, WA, for plaintiff-appellee Port of Tacoma.

Roger Clegg, Acting Asst. Atty. Gen., and Timothy J. Dowling, Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for the amicus curiae.

Before: WRIGHT, THOMPSON and KLEINFELD, Circuit Judges.


Opinion by Judge DAVID R. THOMPSON

ORDER

The opinion filed September 23, 1993 and published at 6 F.3d 1332 (9th Cir.1993), and the order amending that opinion filed January 13, 1994 and published at 13 F.3d 1378 (9th Cir.1994) are withdrawn. The following opinion, which includes further amendments, replaces the opinion filed September 23, 1993 and the order filed January 13, 1994.

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