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CARTER-JONES LUMBER v. DIXIE DISTRIBUTING

Nos. 97-3422, 97-3709.

166 F.3d 840 (1999)

CARTER-JONES LUMBER COMPANY, Plaintiff-Appellee/Cross-Appellant, v. DIXIE DISTRIBUTING COMPANY and Harry C. Denune, Defendants-Appellants/Cross-Appellees, LTV Steel Company, et al., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided February 2, 1999.

Attorney(s) appearing for the Case

John A. Daily (argued and briefed), Richard T. Schnars (briefed), Daily & Schnars, Uniontown, OH, for Plaintiff-Appellee/Cross-Appellant.

Michael T. Gmoser (argued and briefed), Michael T. Gmoser Co., L.P.A., Hamilton, OH, Terence L. Gallagher and Keith Anthony Kavinsky (briefed), Gallagher & Kavinsky, Columbus, OH, for Defendant-Appellant/Cross-Appellee.

Before: BOGGS, SUHRHEINRICH, and SILER, Circuit Judges.

OPINION

SILER, Circuit Judge.

The district court found defendants, Dixie Distributing and Harry C. Denune, Dixie's 100% shareholder, severally liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), as amended, 42 U.S.C. § 9601 et seq., as arrangers for the disposal of hazardous waste. That waste had contaminated land owned by plaintiff, Carter-Jones Lumber Co., which filed this CERCLA action...

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