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

No. 00-10197.

312 F.3d 677 (2002)

AVIALL SERVICES, INC., Plaintiff-Counter Defendant-Appellant, v. COOPER INDUSTRIES, INC., Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 14, 2002.

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.

Paul Stanley Weiland, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for United States of America, Amicus Curiae.

Tracy Don Hester, Timothy A. Wilkins, Bracewell & Patterson, Houston, TX, for American Petroleum Institute, American Chemistry Council, Texas Oil & Gas Ass'n and Texas Chemical Council, Amici Curiae.

Michael W. Steinberg, Morgan, Lewis & Bockius, Washington, DC, for Superfund Settlements Project, Amicus Curiae.

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, and DENNIS, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The question presented in this case is whether § 113(f)(1) of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") allows a "potentially responsible party" (PRP) to seek contribution from other PRPs for environmental cleanup costs when no civil action has been brought under CERCLA §§ 106 or 107(a). See 42 U.S.C. §§ 9606, 9607(a), 9613(f)(1) (2000) (hereinafter, citations...

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