ABB INDUSTRIAL SYSTEMS v. PRIME TECHNOLOGY, INC.

No. 970, Docket 96-7869.

120 F.3d 351 (1997)

ABB INDUSTRIAL SYSTEMS, INC., Plaintiff-Appellant, v. PRIME TECHNOLOGY, INC., General Resistance, Inc., Zero-Max, Inc., Barry Wright Corporation, Pacific Scientific Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 25, 1997.


Attorney(s) appearing for the Case

Kevin J. Lyons, Milwaukee, WI (Pamela H. Schaefer, Cook & Franke, Milwaukee, WI, Benjamin Green, Joseph M. Pastore, III, Kelley Drye & Warren, Stamford, CT, of counsel), for Appellant.

Norman A. Dupont, Los Angeles, CA (Cindy F. Forman, Shapiro, Hinds & Mitchell, Los Angeles, CA, Charles T. Lee, Harold N. Eddy, Jr., Alejandro J. Diaz, Paul, Hastings, Janofsky & Walker, Stamford, CT, of counsel), for Appellee Pacific Scientific Company.

Allan B. Winston, Rye, NY (Joseph Winston, A. Joyce Furfero, Rye, NY, of counsel), for Appellees General Resistance, Inc. and Prime Technology, Inc.

William H. Harbeck, Milwaukee, WI (Quarles & Brady, Milwaukee, WI, of counsel), for Appellee Barry Wright Corporation.

Rick E. Kubler, Tami L. Norgard, Gray, Plant, Mooty, Mooty & Bennett, Minneapolis, MN, for Appellee Zero-Max, Inc.

Before: MESKILL and NEWMAN, Circuit Judges, and KEENAN, District Judge.


MESKILL, Circuit Judge:

After discovering that a piece of real property that it owned was contaminated by hazardous chemicals, plaintiff sued several companies that had previously controlled the property, alleging (1) violations of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), (2) violations of the Resource Conservation and Recovery Act (RCRA), (3) common law negligence, and (4) breach of contract against the defendant that sold...

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