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

No. 99-1041.

191 F.3d 409 (1999)

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

United States Court of Appeals, Fourth Circuit.

Decided: September 14, 1999.

Attorney(s) appearing for the Case

ARGUED: Kenneth Berlin, Sr., Skadden, Arps, Slate, Meagher & Flom, L.L.P., Washington, D.C., for Appellant. Matthew Patrick McGuire, Hunton & Williams, Raleigh, North Carolina, for Appellees. Ronald Mark Spritzer, Appellate Section, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for Amicus Curiae. ON BRIEF: Don J. Frost, Jr., Skadden, Arps, Slate, Meagher & Flom, L.L.P., Washington, D.C., for Appellant. Craig A. Bromby, Hunton & Williams, Raleigh, North Carolina, for Appellees. Lois J. Schiffer, Assistant Attorney General, Robert L. Klarquist, Lori Jonas, R. Justin Smith, Appellate Section, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Joseph Freedman, Office of the General, United States Environmental Protection Agency, Washington, D.C., for Amicus Curiae.

Before MURNAGHAN, LUTTIG, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge MURNAGHAN and Judge LUTTIG joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This appeal concerns the cleanup of lead and other hazardous substances at the Old ATC Refinery Site pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C.A. §§ 9601-9675 (West 1995). Axel Johnson, Incorporated, a former owner...

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