PIERSON SAND & GRAVEL, INC. v. PIERSON TP.

No. 1:89-CV-729.

851 F.Supp. 850 (1994)

PIERSON SAND & GRAVEL, INC., a Michigan corporation, Plaintiff, v. PIERSON TOWNSHIP, a Michigan municipal corporation; Occidental Chemical Corporation, a New York corporation; Wacker Silicones Chemical, a Delaware corporation; Stauffer Chemical Company, a Delaware corporation; Keeler Brass Company, a Michigan corporation; Chemetron Investments, Inc., a Delaware corporation; and BASF Corporation, a Delaware corporation, Defendants. PIERSON TOWNSHIP, Counter-Plaintiff and Third-Party Plaintiff, v. MICHIGAN DEPARTMENT OF NATURAL RESOURCES, et al., Third-Party Defendants. BASF CORPORATION, Cross-Plaintiff, v. CHEMETRON INVESTMENTS, INC., Cross-Defendant. BASF CORPORATION, Third-Party Plaintiff, v. CHEMETRON CORPORATION, a Delaware Corporation; Allegheny Ludlum Industries, Inc., a Pennsylvania Corporation; Sunbeam-Oster Company, a Delaware Corporation, Third-Party Defendants.

United States District Court, W.D. Michigan, S.D.

March 30, 1994.


Attorney(s) appearing for the Case

Douglas A. Springstead, Springstead & Jaunese, PC, Fremont, MI, John D. Tully, Warner, Norcross & Judd, Grand Rapids, MI, for plaintiff Pierson Sand & Gravel, Inc.

Daniel K. Reising, Sanders & Stein, PC, Grand Haven, MI, for defendant Pierson Tp.

Teresa S. Decker, Varnum, Riddering, Schmidt & Howlett, Grand Rapids, MI, for defendant Keeler Brass Co.

Susan J. Sadler, Amy Bateson, Clark, Klein & Beaumont, Bloomfield Hills, MI, for defendant BASF Corp.

David G. Ries, Ronald C. Gahagan Jr., Joseph R. Brendel, Thorp, Reed & Armstrong, Pittsburgh, PA, for defendant Chemetron Investments Inc.


MEMORANDUM OPINION

McKEAGUE, District Judge.

This is a private remediation cost recovery action under CERCLA, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq. Plaintiff Pierson Sand & Gravel, Inc. ("Pierson Sand"), alleges it has incurred expenses in excess of $5.2 million in removing hazardous wastes from, and remediating their effects at, a site owned by it in Pierson Township, Montcalm...

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