DENT v. BEAZER MATERIALS AND SERVICES, INC.

No. 96-1148.

156 F.3d 523 (1998)

H. George DENT, Jr.; Ashley Realty Company, Incorporated, a South Carolina Corporation; Southern Dredging Company, Incorporated, a South Carolina Corporation, Plaintiffs, v. BEAZER MATERIALS AND SERVICES, INCORPORATED; Beazer East, Incorporated, Defendant & Third Party Plaintiff-Appellants, v. AGRICO CHEMICAL COMPANY; Continental Oil Company; American Agricultural Chemical Company; FOS-KEM Liquidation Corporation, Defendant & Third Party Plaintiff-Appellees, and Celanese Polymer Specialties Company; Hanson PLC; Hanson Industries, Defendants, v. BRASWELL SHIPYARDS, INCORPORATED, Third Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided January 21, 1998.


Attorney(s) appearing for the Case

ARGUED: Robert E. Stepp, Glenn, Murphy, Gray & Stepp, L.L.P., Columbia, South Carolina, for Appellants. Mark Richard Zehler, Legal Department, Conoco, Inc., Houston, Texas; Samuel J. Morley, Holland & Knight, Tallahassee, Florida, for Appellees. ON BRIEF: Robert C. Rhodes, Glenn, Murphy, Gray & Stepp, L.L.P., Columbia, South Carolina; Elizabeth H. Warner, Buist, Moore, Smythe & McGee, P.A., Charleston, South Carolina, for Appellants. Lawrence N. Curtin, Holland & Knight, Tallahassee, Florida; Maureen E. Mahoney, Michael P. Vandenbergh, John C. Marchese, Latham & Watkins, Washington, DC; Michael A. Scardato, McNair Law Firm, P.A., Charleston, South Carolina, for Appellees.

Before WIDENER, Circuit Judge, PHILLIPS, Senior Circuit Judge, and DOUMAR, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


Affirmed by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge WIDENER and Senior Judge DOUMAR joined.

OPINION

PHILLIPS, Senior Circuit Judge:

This is an appeal by Beazer Materials and Services, Incorporated and Beazer East, Incorporated (Beazer) from a district court judgment finding Beazer liable in a private action brought under the Comprehensive Environmental Response, Compensation...

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