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U.S. v. PITNEY BOWES, INC.

No. 211, Docket 92-6300.

25 F.3d 66 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. PITNEY BOWES, INC., Defendant, EDO Corporation; Plessey, Inc.; Vernitron Corp., Defendants-Appellees, BAII Banking Corp., Movant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 26, 1994.

Attorney(s) appearing for the Case

Howard B. Epstein, New York City (Lawrence P. Schnapf, Theodore A. Keyes, Lord Day & Lord Barrett Smith, of counsel), for appellant BAII Banking Corp.

Donald W. Stever, New York City (Dewey Ballantine, of counsel), for defendants-appellees EDO Corporation, Plessey, Inc., and Vernitron Corp.

Peter A. Appel, Appellate Section, Environment & Natural Resources Div., Dept. of Justice, Washington, DC (Brian Rohan, Asst. Regional Counsel EPA Region I, Boston, MA, Myles E. Flint, Acting Asst. Atty. Gen., Albert S. Dabrowski, U.S. Atty., Sharon E. Jaffe, Asst. U.S. Atty., New Haven, CT, John A. Bryson, Cynthia S. Huber, Dept. of Justice, Washington, DC, of counsel), for appellee U.S.

Before: FEINBERG, CARDAMONE and ALTIMARI, Circuit Judges.

CARDAMONE, Circuit Judge:

The appellant, a bank holding company, holds a mortgage on property located within a Superfund site. It moved to intervene in a suit brought by the United States to recover cleanup costs against the named defendants as lessees of property within the site area. The motion to intervene came after the named defendants had settled with the United States Environmental Protection Agency (EPA). The bank claimed to be innocent of this knowledge....

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