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F.D.I.C. v. LAIDLAW TRANSIT, INC.

No. S-8540.

21 P.3d 344 (2001)

FEDERAL DEPOSIT INSURANCE CORPORATION, as statutory successor to the Resolution Trust Corporation, in its capacity as Receiver for Sun Savings and Loan Association, Plaintiff, v. LAIDLAW TRANSIT, INC. d/b/a Laidlaw Transit (AK), Inc., Burton Carver & Co., K Beach Parts & Equipment, Peninsula Sanitation Co., Inc., Defendants.

Supreme Court of Alaska.

April 12, 2001.

Attorney(s) appearing for the Case

Joseph R.D. Loescher and Carl J.D. Bauman, Hughes, Thorsness, Powell, Huddleston & Bauman LLC, Anchorage, for Plaintiff.

Ann W. Resch and Richard L. Waller, Brown, Waller & Gibbs, Anchorage, for Defendant Peninsula Sanitation Company, Inc.

Nelson G. Page, Burr, Pease & Kurtz, Anchorage, for Defendant Laidlaw Transit Alaska, Inc.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.

OPINION

BRYNER, Justice.

I. INTRODUCTION

The Federal Deposit Insurance Corporation (FDIC), as receiver of a failed bank's assets, acquired land that had been contaminated by hazardous waste many years previously. After undertaking voluntary cleanup at the request of the Alaska Department of Environmental Conservation, the FDIC filed suit in federal court against the former landowner and the owner's tenants, seeking to recoup its cleanup...

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