GERAGHTY AND MILLER, INC. v. CONOCO INC.

No. 99-20020.

234 F.3d 917 (2000)

GERAGHTY AND MILLER, INC., Plaintiff-Counter Defendant-Appellee, v. CONOCO INC.; Condea Vista Chemical Company, Defendants-Counter Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 11, 2001.


Attorney(s) appearing for the Case

John Alan Doran (argued), Troy Blinn Froderman (argued), John Douglas Burnside, Bryan Cave, Phoenix, AZ, for Plaintiff-Counter Defendant-Appellee.

Bradley H. Beers (argued), WEDGE Group, Inc., Lynne Liberato, Jeffrey Charles Hembree, John R. Eldridge (argued), Haynes & Boone, Lynn L. Zimmerman, Houston, TX, George A. Phair, Conoco, Inc., Houston, TX, for Conoco Inc. and Condea Vista Chemical Co.

Before POLITZ, GIBSON and HIGGINBOTHAM, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Conoco Inc. and Condea Vista Chemical Company appeal the district court's order granting summary judgment to Geraghty and Miller, Inc. ("G&M") in this environmental clean-up action. This case includes a claim under CERCLA, the Comprehensive Environmental Response, Compensation and Liability Act, as well as state common law claims. We affirm in part and, because a genuine issue exists as to certain material facts, we reverse in part...

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