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U.S. v. KAYSER-ROTH CORP.

No. 00-2038.

272 F.3d 89 (2001)

UNITED STATES of America, Plaintiff, Appellee, v. KAYSER-ROTH CORPORATION, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 3, 2001.

Attorney(s) appearing for the Case

J. Daniel Berry, with whom William Carter, William S. Eggling and Ropes & Gray, were on brief, for appellant.

Joan M. Pepin, Attorney, Department of Justice, with whom John C. Cruden, Deputy Assistant Attorney General, John T. Stahr, Donald G. Frankel, Attorneys, Department of Justice, Lloyd Selbst, Senior Enforcement Counsel, and Nina Rivera, Office of General Counsel, Environmental Protection Agency, were on brief, for appellee.

Before LIPEZ, Circuit Judge, BOWNES, Senior Circuit Judge, and LISI, District Court Judge.

LIPEZ, Circuit Judge.

In this appeal, Kayser-Roth Corporation (Kayser-Roth) seeks relief pursuant to Fed.R.Civ.P. 60(b)(5) from a 1990 declaratory judgment finding it liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., for future cleanup costs associated with a release of trichloroethylene at a facility of its subsidiary, Stamina Mills, Inc. United States v. Kayser-Roth Corp.,

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