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KELLEY v. E.I. DuPONT DE NEMOURS AND CO.

Nos. 92-2053, 92-2054.

17 F.3d 836 (1994)

Frank J. KELLEY; State of Michigan; Michigan Department of Natural Resources, Plaintiffs-Appellees, v. E.I. DuPONT DE NEMOURS AND COMPANY (92-2054); Browning-Ferris Industries, Inc. (92-2053), Defendants-Appellants, Andrew Stevens, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided February 23, 1994.

Rehearing and Suggestion for Rehearing Denied April 11, 1994.

Attorney(s) appearing for the Case

A. Michael Leffler, Jeremy M. Firestone (argued and briefed), Office of Atty. Gen., Environmental Protection Div., Lansing, MI, for plaintiffs-appellees.

Cary Rodman Cooper, Cooper, Straub, Walinski & Cramer, Toledo, OH, William G. Beck (argued and briefed), Patrick J. Gregory, Lathrop & Norquist, Kansas City, MO, Jerry L. Anderson, Drake University Law School, Des Moines, IA, defendants-appellants.

Mark R. Haag (argued), Dept. of Justice, Environment & Natural Resource Div., Catherine M. Flanagan (briefed), U.S. Dept. of Justice, Washington, DC, for amicus curiae, U.S.

Before: KEITH, NELSON, and RYAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 11, 1994.

RYAN, Circuit Judge.

The defendants, E.I. DuPont de Nemours and Co. and Browning-Ferris Industries, Inc., appeal the district court's award of summary judgment in favor of the State of Michigan, in the State's action to recover landfill cleanup costs pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, or CERCLA, 42 U.S.C. § 9601 et seq. On appeal...

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