SOUTHDOWN v. ALLEN

No. CV-96-J-3300-S.

119 F.Supp.2d 1223 (2000)

In the Matter of SOUTHDOWN, et al., v. Leslie S. ALLEN, et al.

United States District Court, N.D. Alabama, Southern Division.

November 7, 2000.


Attorney(s) appearing for the Case

Richard E Davis, Cabaniss Johnston Gardner Dumas & O'Neal, Birmingham, AL, Sandy G Robinson, Cabaniss Johnston Gardner Dumas & O'Neal, Mobile, AL, Christopher W Mahoney, Nancy N Young, Stephen M Arner, Beveridge & Diamond PC, Washington, DC, John E Acres, Southeastern Legal Group, Birmingham, AL, for Southdown, Inc., plaintiff.

Richard E Davis, Cabaniss Johnston Gardner Dumas & O'Neal, Birmingham, AL, Sandy G Robinson, Cabaniss Johnston Gardner Dumas & O'Neal, Mobile, AL, Christopher W Mahoney, Nancy N Young, Stephen M Arner, Beveridge & Diamond PC, Washington, DC, for Southdown Environmental Treatment Systems, Inc., Southdown Environmental LLC, plaintiffs.

Charles R Driggars, Kaye K Houser, James S Williams, Sirote and Permutt PC, Birmingham, AL, for Leslie S Allen, defendant.

Charles E Merrill, Amy E Randles, Husch & Eppenberger LLC, St Louis, MO, for Coltec Industries, Inc., defendant.

Marshall Timberlake, Gregory C Cook, Yvonne N Beshany, Balch & Bingham LLP, Birmingham, AL, John H Grady, Jones Day Reavis & Pogue, Atlanta, GA, Brent A Fewell, Jones Day Reavis & Pogue, Pittsburgh, PA, for Customer Defendants, defendant.


MEMORANDUM OPINION

JOHNSON, District Judge.

Pending before the court are third party defendants, Nortru, Inc.(Nortru) and Allworth, Inc.'s (Allworth) motion for partial summary judgment (doc. 752) and plaintiffs' cross-motion for partial summary judgment (doc. 763).1 Both Nortru and plaintiffs have filed briefs in support of and in opposition to their respective motions. The Customer defendants listed below

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