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WITCO CORP. v. BEEKHUIS

No. 93-7837.

38 F.3d 682 (1994)

WITCO CORPORATION, Appellant, v. Jeanne V. BEEKHUIS, Executrix for the Estate of H. Albert Beekhuis; Brandywine Chemical Company; Wilmington Trust Company, as Trustee for the Trust Agreement dated August 9, 1985 between H. Albert Beekhuis and Wilmington Trust Company; and Jeanne V. Beekhuis, Individually.

United States Court of Appeals, Third Circuit.

Decided October 21, 1994.

Attorney(s) appearing for the Case

Judith N. Renzulli (Argued), Kevin W. Goldstein, Duane, Morris & Heckscher, Wilmington, DE, for Witco Corp., appellant.

James F. Burnett (Argued), Potter, Anderson & Corroon, Wilmington, DE, for Jeanne V. Beekhuis, Executrix for the Estate of H. Albert Beekhuis, appellee.

Thomas R. Hunt, Jr., R. Judson Scaggs, Jr. (Argued), Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for Wilmington Trust Co., As Trustee for the Trust Agreement dated August 9, 1985 between H. Albert Beekhuis and Wilmington Trust Co., appellee.

Before: MANSMANN, COWEN and McKEE, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

In this action for contribution under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., ("CERCLA"), Witco Corporation ("Witco") asserts its claim against: Jeanne V. Beekhuis (daughter of Dr. H. Albert Beekhuis and executrix for his estate); Wilmington Trust Company ("WTC") (trustee of two trusts created...

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