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ATLANTIC RICHFIELD CO. v. AMERICAN AIRLINES, INC.

Nos. 94-5061, 94-5062, 94-5079 and 94-5099.

98 F.3d 564 (1996)

ATLANTIC RICHFIELD COMPANY, Plaintiff-Appellee/Cross-Appellant, v. AMERICAN AIRLINES, INC., Baker Hughes Incorporated, Borgwarner Corporation, Burgessnorton Mfg. Co., Chief Chemical & Supply, Inc., Cintas Corporation, Inc., Crane Carrier Corp., Dover Corporation, Groendyke Transport, Inc., Jerry Inman Trucking, Inc., Kansas Industrial Environmental Services, Inc., McDonnell Douglas Corporation, MK & O Coach Lines, Paccar, Inc., Phillips Petroleum Company, Ramsey Winch Company, Ryder Truck Rental, Inc., The Uniroyal Goodrich Tire Company, Webco Industries, Whirlpool Corporation, (Group I Defendants), Sand Springs Home, Container Products of Oklahoma, Defendants-Appellants/Cross-Appellees, United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

October 16, 1996.

Attorney(s) appearing for the Case

Claire V. Eagan (Michael D. Graves and Susan L. Gates with her on the brief), of Hall, Estill, Hardwick, Gable, Golden & Nelson P.C., Tulsa, OK, for appellants/cross-appellees.

James M. Harris (Larry G. Gutterridge and Alan Au with him on the brief), of Sidley & Austin, Los Angeles, CA, for appellee/cross-appellant.

Lois J. Schiffer, Assistant Attorney General; David C. Shilton and John T. Stahr, Department of Justice, Environment and Natural Resources Division; and Charles Openchowski, Office of General Counsel, United States Environmental Protection Agency, for amicus curiae.

Before HENRY, SETH, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Atlantic Richfield Co. (ARCO), one of several parties responsible for a hazardous waste site, settled a lawsuit brought by the Environmental Protection Agency (EPA) and then brought these consolidated contribution actions against other responsible parties to recover a share of the cleanup costs under § 113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601-9657. Several...

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