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FINA, INC. v. ARCO

No. 98-41021.

200 F.3d 266 (2000)

FINA, INC., formerly known as American Petrofina, Inc.; Fina Oil & Chemical Co., formerly known as American Petrofina Company of Texas, Plaintiffs-Counter Defendants-Appellants, v. ARCO, Defendant-Cross Claimant-Appellee, BP Oil Company; Sohio Pipe Line Company, Defendants-Counter Claimants-Cross Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 17, 2000.

Attorney(s) appearing for the Case

Elizabeth Ellen Mack, Cynthia Keely Timms, Frederick W. Addison, III (argued), Locke, Liddell & Sapp, Dallas, TX, for Fina, Inc. and Fina Oil and Chemical Co.

D. Allan Jones (argued), Gilbert I. Low, Orgain, Bell & Tucker, Beaumont, TX, for ARCO.

John R. Eldridge (argued), Lynne Liberato, Rudy Alan England, Haynes & Boone, Houston, TX, for BP Oil Co. and Sohio Pipe Line Co.

Before REYNALDO G. GARZA, JOLLY and WIENER, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 17, 2000.

WIENER, Circuit Judge:

In this case arising under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq., Plaintiff-Appellant Fina, Inc. ("Fina") appeals the district court's grant of summary judgment in favor of Defendants-Appellees BP Oil Company ("BP") and Atlantic Richfield Company ("ARCO"). Fina contends that the district...

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