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AVIALL SERVICES, INC. v. COOPER INDUSTRIES, INC.

No. 00-10197.

263 F.3d 134 (2001)

Aviall Services, Inc., Plaintiff-Counter Defendant-Appellant, v. Cooper Industries, Inc., Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 14, 2001.

Attorney(s) appearing for the Case

Richard Oran Faulk (argued), Gardere, Wynne Sewell, Houston, TX, Cynthia J. Bishop, Gardere Wynne Sewell, Dallas, TX, for Aviall Services Inc.

Dale E. Stephenson (argued), Squire, Sanders & Dempsey, Cleveland, OH, Elizabeth Ellen Mack, Locke Liddell & Sapp, Dallas, TX, for Cooper Industries Inc.

Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Aviall Services, Inc. ("Aviall") appeals the summary judgment dismissal of its contribution claim based on the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9613(f)(1). The district court ruled that Aviall could not seek contribution from Cooper Industries, Inc. ("Cooper") unless Aviall had incurred or at least faced liability under a CERCLA administrative abatement or cost recovery...

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