CHARTER OIL CO. v. AMERICAN EMPLOYERS' INS. CO.

No. 94-7175.

69 F.3d 1160 (1995)

CHARTER OIL COMPANY, et al., Appellants, v. AMERICAN EMPLOYERS' INSURANCE COMPANY, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 14, 1995.


Attorney(s) appearing for the Case

Finley T. Harckham, with whom John H. Gross and Jerold Oshinsky, Washington, DC, were on the briefs, argued the cause, for appellants Charter Oil Company, et al.

James E. Rocap, III, with whom Niki Kuckes, Dennis M. Flannery, William J. Bowman, Dustin P. Finney, Jr., Steven G. Adams, Washington, DC, Andrew S. Amer, New York City, Arthur F. Sampson, III, Susan M. Muchmore, Lawrence E. Carr, Jr., Margaret H. Warner, Kyle A. Kane, Richard H. Gimer, Kathryn A. Underhill, Lisa B. Zucker, James P. Schaller, Timothy R. Dingilian, and James W. Greene, II, Washington, DC, were on the briefs, argued the cause, for appellees Aetna Casualty & Surety Co., et al.

Robert E. Heggestad, Washington, DC, filed the brief, for appellee Harbor Insurance Company.

Martin R. Baach, Washington, DC, filed the brief, for appellee Lloyd's London, et al. Michael Nussbaum, Washington, DC, entered an appearance.

Peter D. Coppelman, Acting Assistant Attorney General, Anne S. Almy, Steven R. Baer, and Evelyn S. Ying, Attorneys, United States Department of Justice, were on the brief, for amicus curiae United States of America.

Laura A. Foggan and Daniel E. Troy, Washington, DC, were on the brief, for amicus curiae Insurance Environmental Litigation Association.

S. Robert Sutton, North Potomac, MD, entered an appearance, for amicus curiae Transamerica Insurance Group.

Before: BUCKLEY, WILLIAMS and HENDERSON, Circuit Judges.


Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

In the early 1970s Independent Petrochemical Corporation ("IPC"), a wholly-owned subsidiary of plaintiff Charter Oil, was in the business of selling petrochemical products. As a courtesy to a customer, it arranged on several occasions for the disposal of waste oil by a St. Louis waste oil hauler, Bliss Oil, understanding that Bliss would take the oil to a waste disposal...

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