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CONCRETE SALES AND SERVICES, INC. v. BLUE BIRD BODY

No. 99-8241.

211 F.3d 1333 (2000)

CONCRETE SALES AND SERVICES, INC., a Georgia corporation, Defendant-Cross-Claimant, Counter-Claimant-Appellant, Frances M. Coody, as trustee for the Irrevocable Trust of T.A. McCord, Jr., Timothy A. McCord, as Trustee for the Irrevocable Trust of T.A. McCord, Jr., et al., Defendants-Cross-Claimants, Counter-Claimants-Third Party Plaintiffs-Appellants, v. BLUE BIRD BODY COMPANY, Cardinal Manufacturing Company, et al., Third Party Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 15, 2000.

Attorney(s) appearing for the Case

Linwood Robert Lovett, Law Offices of L. Robert Lovett, Craig Newton Cowart, Miller & Towson, Robert Claude Norman, Jr., Jones, Cork & Miller, J. Douglas Cowart, Macon, GA, for Concrete Sales and Services, Inc., Coody and Timothy and Turner McCord, Appellants.

Daniel S. Reinhardt, Troutman Sanders, Edward H. Lindsey, Jr., Kathryn A. Cater, Goodman, McGuffey, Aust & Lindsey, LLP, C. Michael Johnson, Eric Alexander Kane, Fellows, Johnson, & La Briola, LLP, Edward H. Wasmuth, Jr., Smith, Gambrell & Russell, Atlanta, GA, for Simplex Nails, Inc., Blue Bird Body Co. and Cardinal Manufacturing Co., Appellees.

Before COX, BIRCH and BARKETT, Circuit Judges.

PER CURIAM:

This case requires us to determine whether two companies that contracted for a third company's electroplating services and had additional interactions with the third company "otherwise arranged for" the disposal of hazardous substances under 42 U.S.C. § 9607(a)(3), part of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). We agree with the district court's conclusion that...

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