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SMITHKLINE BEECHAM CORP. v. ROHM AND HAAS CO.

No. 95-1644.

89 F.3d 154 (1996)

SMITHKLINE BEECHAM CORPORATION v. ROHM AND HAAS COMPANY v. BUCKEYE PIPE LINE COMPANY, Rohm and Haas Company, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 17, 1996.

Attorney(s) appearing for the Case

John G. Harkins, Jr., (argued) Harkins Cunningham, Philadelphia, Pennsylvania, for Appellant.

David P. Bruton (argued) Drinker, Biddle & Reath, Philadelphia, Pennsylvania, for Appellee, SmithKline Beecham Corporation.

Before: STAPLETON, SCIRICA and COWEN, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Plaintiff SmithKline Beecham Corp. ("SKB") brought this declaratory judgment action against the defendant, Rohm and Haas Co. ("R & H"), seeking equitable apportionment of the costs of the clean-up of a contaminated site in Myerstown, Pennsylvania under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601-75 (1988 & Supp. V). Alternatively, SKB...

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