SUN CO. INC. (R&M) v. BROWNING-FERRIS, INC.

No. 96-5222.

124 F.3d 1187 (1997)

SUN COMPANY, INC. (R&M), a Delaware corporation; Texaco, Inc., a Delaware corporation, Plaintiffs—Appellants, v. BROWNING-FERRIS, INC., a Delaware corporation; Ark Wrecking Company of Oklahoma, Inc.; Housing Authority for the City of Tulsa; Pedrick Labs; John Doe D/B/A Pedrick Labs; Art Weedin; Beverage Products Corp.; Cowen Construction, Inc.; National Tank, Co.; Peevy Construction Co. Inc.; Monte Shipley; Sun Chemical Corporation; Ozark Mahoning Company; The City of Sand Springs, Oklahoma; Atlantic Richfield Company; Public Service Company of Oklahoma; Bancoff Oil Company; Borg Industrial Group Inc., D/B/A American Container Services; Consolidated Cleaning Service Co. Inc.; Charles Forhan, D/B/A D & W Exterminating; Oil Capital Trash Services, Inc.; Steve Richey, D/B/A Richey Refuse Service; Estate of John D. Shipley, Deceased; Shipley Refuse; Robert E. Sparks, d/b/a Tulsa Industrial Services; Union Carbide Corp.; Waste Management of Oklahoma, Inc., Defendants-Appellees, and Bank IV Oklahoma, N.A.; Stan Doyle; Flemings Roofing and Sheet Metal Company; Grant Gill, D/B/A Gill Sanitation; Insulation Services, Inc.; WRG Construction Company, Inc.; W.R. Grimshaw, D/B/A WRG Construction; Tulsa County public facilities authority; James P. Evatt; F & G Excavation; John Doe, D/B/A F & G Excavation; Nellie Farris; First Tower Construction; John Doe, D/B/A First Tower Construction; Marvin R. Hall; Sm Roof; John Doe, D/B/A Sm Roof; Estate of Ross Scoggins, Sr., Deceased; Tandy Industries, Inc.; W & D Building; John Doe, D/B/A W & D Building; Wade Trash; John Doe, D/B/A Wade Trash; Compass Industries, Inc.; Estate of Jack Dyer, Deceased; Roy L. Farris; Noland Construction Co.; John Doe, D/B/A Noland Construction Co.; Mannon Trucking; John Doe, D/B/A Mannon Trucking; Mobile Waste Controls; John Doe, D/B/A Mobile Waste Controls; Tulsa Tank Cleaning; John Doe, D/B/A Tulsa Tank Cleaning; Apartment Container Service, Inc.; Carnes Brothers Construction Company; Crain Displays & Exhibits, Inc.; Dow Chemical Company, D/B/A Dow Industrial Service; Empire Roofing & Insulation Company; Tom Farris, D/B/A Gene's Septic Tank Service; Odean Garrison; Langston Contractors, Inc.; Petroleum Contractors Corporation; Vacuum And Pressure Tank Truck Services, Inc.; Glenn E. Wynn, Jr.; Anchor Paint Mfg. Co.; Amron, Inc.; Tulsa Construction & Management, Inc.; Pet Care Cemetary; John Doe, D/B/A Pet Care Cemetary; J.B. Stallings, D/B/A Stallings Construction Company; Brierly Plumbing Technologies; Roto-Rooter Sewer Service; O.K. Tank Trucks, Inc.; American Septic Tank; John W. Diffee, Deceased, D/B/A Diffee Trash Services; Walter C. Deppe, Deceased; Ameron, Inc., A California Corporation, Defendants.

United States Court of Appeals, Tenth Circuit.

August 14, 1997.


Attorney(s) appearing for the Case

John H. Tucker, Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, Oklahoma (Robert P. Redemann and Michael F. Smith with him on the brief), for Plaintiffs-Appellants.

William C. Anderson, Doerner, Saunders, Daniel & Anderson, Tulsa, Oklahoma (Russell W. Kroll with him on the brief), for Defendants-Appellees.

Before KELLY, McWILLIAMS and HENRY, Circuit Judges.


PAUL KELLY, Jr., Circuit Judge.

For the third time in as many years, we are faced with the task of further defining and clarifying the relationship between §§ 107 and 113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9607 and 9613. See United States v. Colorado & Eastern R.R., 50 F.3d 1530 (10th Cir.1995); Bancamerica Commercial Corp. v. Mosher...

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