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FRANKLIN CTY. CONV. FAC. AUTHORITY v. AMERICAN PREMIER UNDERWRITERS, INC.

No. 99-4095.

240 F.3d 534 (2001)

Franklin County Convention Facilities Authority, Plaintiff-Appellee, v. American Premier Underwriters, Inc., Defendant-Appellant, Consolidated Rail Corporation, et al., Defendants, UNITED STATES of America, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 13, 2001.

Attorney(s) appearing for the Case

ARGUED: Jonathan A. Conte, PIERCE E. CUNNINGHAM COMPANY, Cincinnati, Ohio, for Appellant.

Richard A. Frye, CHESTER, WILLCOX & SAXBE, Columbus, Ohio, Louise F. Milkman, UNITED STATES DEPARTMENT OF JUSTICE, ENVIRONMENT & NATURAL RESOURCES DIVISION, Washington, D.C., for Appellees.

ON BRIEF: Jonathan A. Conte, Pierce Edward Cunningham, Thomas H. Stewart, PIERCE E. CUNNINGHAM COMPANY, Cincinnati, Ohio, for Appellant.

Richard A. Frye, CHESTER, WILLCOX & SAXBE, Columbus, Ohio, John A. Gleason, BENESCH, FRIEDLANDER, COPLAN & ARONOFF, Columbus, Ohio, Louise F. Milkman, UNITED STATES DEPARTMENT OF JUSTICE, ENVIRONMENT & NATURAL RESOURCES DIVISION, Washington, D.C., for Appellees.

Before: SUHRHEINRICH and MOORE, Circuit Judges; EDMUNDS, District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

SUHRHEINRICH, Circuit Judge.

Defendant American Premier Underwriters, Inc. ("APU"), appeals the judgment for Plaintiff Franklin County Convention Facilities Authority ("CFA") following a bench trial in this cost-recovery action under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 9601-9675, as amended by the Superfund Amendments and Reauthorization...

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