BROWNING-FERRIS INDUSTRIES OF ILLINOIS v. TER MAAT

Nos. 98-3204, 99-1360.

195 F.3d 953 (1999)

BROWNING-FERRIS INDUSTRIES OF ILLINOIS, INC., et al., Plaintiffs-Appellants, v. Richard TER MAAT, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 1, 1999.

As Amended November 2, 1999.


Attorney(s) appearing for the Case

William G. Beck, Lathrop & Gage, Kansas City, MO, Pierre C. Talbert (argued), Dykema Gossett, Chicago, IL, for Plaintiffs-Appellants.

Michael W. Rathsack (argued), Chicago, IL, Patrick J. Fanning, Knight, Hoppe, Fanning & Knight, Des Plaines, IL, Edward Maher, Guyer & Enichen, Rockford, IL, for Defendants-Appellees in No. 98-3204.

Michael W. Rathsack (argued), Chicago, IL, for Defendant-Appellee Richard Ter Maat in No. 99-1360.

Richard Strizak, Chicago, IL, Thomas Kizer, Jr., Kizer Law Firm, Howell, MI, for Defendant-Appellee Benson Pump Co., in No. 99-1360.

Evelyn S. Ying, Department of Justice, Land & Natural Resources Division, Washington, DC, for Amicus Curiae.

Before POSNER, Chief Judge, and BAUER and RIPPLE, Circuit Judge.


POSNER, Chief Judge.

Browning-Ferris and several other companies have brought a suit for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA—the Superfund statute). The suit is against Richard Ter Maat and two corporations of which he is (or was—one of the corporations has been sold) the president and principal shareholder; they are M.I.G. Investments, Inc. and AAA Disposal Systems, Inc.

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