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SUMITOMO MACHINERY CORP. v. ALLIEDSIGNAL, INC.

No. 95-5138.

81 F.3d 328 (1996)

SUMITOMO MACHINERY CORPORATION OF AMERICA, INC. v. ALLIEDSIGNAL, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided April 11, 1996.

Attorney(s) appearing for the Case

Mark J. Malone (argued), Lori D. Linskey, Stier, Anderson & Malone, Bridgewater, NJ, for Appellee.

Douglas S. Eakeley (argued), Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, NJ, for Appellant.

Before: STAPLETON, McKEE and NORRIS, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

In 1991, Sumitomo Machinery Corporation of America ("Sumitomo") and AlliedSignal Inc. ("Allied") settled an environmental lawsuit concerning property sold to Sumitomo by a predecessor of Allied. Their respective responsibilities were delineated in an Environmental Agreement ("Agreement") which incorporated a cleanup plan approved by the New Jersey Department of Environmental Protection ("NJDEP").

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