HATCO CORP. v. W.R. GRACE & CO. — CONN.

No. 94-5276.

59 F.3d 400 (1995)

HATCO CORPORATION, Appellee v. W.R. GRACE & CO. — CONN., a Corporation of the State of Connecticut, Defendant and Third-Party Plaintiff v. ALLSTATE INSURANCE COMPANY (as successor to Northbrook Excess and Surplus Company); American Employers' Insurance Company; Certain Underwriters at Lloyd's, London and the London Market Companies; Commercial Union Insurance Company; Continental Casualty Company; Pacific Employers Insurance Company; Unigard Security Insurance Company, Third-Party Defendants and COMMERCIAL UNION INSURANCE COMPANY, Third-Party Defendant and Fourth-Party Plaintiff v. MARYLAND CASUALTY COMPANY, Fourth-Party Defendant and Fifth-Party Plaintiff v. AMERICAN CENTENNIAL INSURANCE COMPANY; Evanston Insurance Company; First State Insurance Company; Gibraltar Casualty Company; Hartford Casualty Insurance Company; Certain Underwriters at Lloyd's, London and the London Market Companies; Midland Insurance Company; Reliance Insurance Company; Republic Insurance Company; Royal Indemnity Company; Transport Indemnity, a/k/a Mission American Insurance Company; Twin City Fire Insurance Company, Fifth-Party Defendants and W.R. Grace & Co. — Conn., Appellant.

United States Court of Appeals, Third Circuit.

Decided July 5, 1995.

Sur Petition for Rehearing August 8, 1995.


Attorney(s) appearing for the Case

Anthony J. Marchetta (argued), Robert G. Rose (argued), Elizabeth J. Sher, Pitney, Hardin, Kipp & Szuch, Morristown, NJ, for appellant.

Aubrey M. Daniel, III (argued), Paul Mogin, Evan J. Roth, Eric M. Braun, Dane H. Butswinkas, Stephen D. Sencer, Williams & Connolly, Washington, DC, Robert M. Goodman, Carpenter, Bennett & Morrissey, Newark, NJ, for appellee.

Before: MANSMANN, HUTCHINSON, and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this case, the buyer of a chemical plant has sued the seller under state law and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 9601-9675, for costs incurred in abating contamination at the site. The district court, applying federal common law, held that the sale agreement between the parties did not clearly relieve the seller from a duty to...

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