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AXEL JOHNSON, INC. v. CARROLL CAROLINA OIL CO., INC.

No. 97-1629.

145 F.3d 660 (1998)

AXEL JOHNSON, INCORPORATED, Plaintiff-Appellant, v. CARROLL CAROLINA OIL COMPANY, INCORPORATED; Linda A. Carroll; Charles S. Lanier, Trustee, Defendants-Appellees, and Pace Oil Company, Incorporated, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 4, 1998.

Attorney(s) appearing for the Case

ARGUED: Kenneth Berlin, Sr., Skadden, Arps, Slate, Meagher & Flom, L.L.P., Washington, DC, for Appellant. Matthew Patrick McGuire, Hunton & Williams, Raleigh, NC, for Appellees Carroll and Carroll Oil; Michael Perkins Flanagan, Ward & Smith, P.A., Greenville, NC, for Appellee Lanier. ON BRIEF: Don J. Frost, Jr., Skadden, Arps, Slate, Meagher & Flom, L.L.P., Washington, DC; Kenneth A. Shanklin, Shanklin & McDaniel, L.L.P., Wilmington, NC, for Appellant. Craig A. Bromby, Hunton & Williams, Raleigh, NC, for Appellees Carroll and Carroll Oil.

Before WILKINS, LUTTIG, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINS and Judge MOTZ joined.

OPINION

LUTTIG, Circuit Judge:

This case arises on appeal from the district court's dismissal of four counts of a six-count complaint for want of subject matter jurisdiction. For the reasons stated herein, we affirm.

I.

Defendant-appellee Carroll Carolina Oil Co., Inc. ("CCO") owns a Superfund site, certain cleanup costs...

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