PASCO INDUSTRIES, INC. v. TALCO RECYCLING

Nos. 1 CA-CV 96-0114, 1 CA-CV 96-0584.

985 P.2d 535 (1998)

195 Ariz. 50

PASCO INDUSTRIES, INC., a Colorado corporation, Plaintiff-Appellee, v. TALCO RECYCLING, INC.; The National Polystyrene Recycling Company, L.P.; NPRC Management Corporation, Defendants-Appellants. Pasco Industries, Inc., a Colorado corporation, Plaintiff-Appellee, Cross-Appellant, v. Amoco Foam Products Company; Talco Recycling, Inc.; The National Polystyrene Recycling Company, L.P.; NPRC Management Corporation; Polystyrene Packaging Council, Inc.; and Mobil Chemical Company, Defendants-Appellants, Cross-Appellees.

Court of Appeals of Arizona, Division 1, Department E.

Reconsideration Denied January 14, 1999.

Review Denied September 21, 1999.


Attorney(s) appearing for the Case

R. Stewart Halstead, P.C. by R. Stewart Halstead, Glendale, Attorney for Appellee/Cross-Appellant Pasco Industries, Inc.

Norris & O'Daniel, P.A. by David L. O'Daniel, Phoenix and Holleb & Coff by Robert K. Neiman, Chicago, Illinois, Attorneys for Appellants/Cross-Appellees National Polystyrene Recycling Company, L.P., NPRC Management Corporation, and Talco Recycling, Inc.

Howard & Rouse by Gary F. Howard, Phoenix, Attorneys for Appellant/Cross-Appellee Amoco Foam Products Company.

O'Connor, Cavanagh, Anderson, Killingsworth & Beshears, P.A. by Frank M. Fox, Christopher Robbins, Phoenix and Hogan & Hartson, LLP by Edward C. Druckers, Washington, D.C., Attorneys for Appellant/Cross-Appellee Mobil Chemical Company.

Bowman and Brooke by Thomas M. Klein, Christine L. Meyer, Phoenix, Attorneys for Appellant/Cross-Appellee Polystyrene Packaging Council, Inc.


OPINION

TOCI, Judge.

¶ 1 As part of a nationwide effort by the plastic packaging industry to recycle used plastic goods, including polystyrene products, eight polystyrene producers formed a business, the National Polystyrene Recycling Company, L.P. ("NPRC"), to operate polystyrene recycling plants throughout the United States. NPRC and Talco Recycling, Inc. ("Talco"), the operator of NPRC's plant in Corona...

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