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GENCORP, INC. v. OLIN CORP.

Nos. 03-3019, 03-3211.

390 F.3d 433 (2004)

GENCORP, INC., Plaintiff-Appellant/Cross-Appellee, v. OLIN CORPORATION, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 22, 2004.

Attorney(s) appearing for the Case

ARGUED: Robert J. Jonker, Warner, Norcross & Judd, Grand Rapids, Michigan, for Appellant. Peter Buscemi, Morgan, Lewis & Bockius, Washington, D.C., for Appellee. ON BRIEF: Robert J. Jonker, John V. Byl, Dean F. Pacific, Warner, Norcross & Judd, Grand Rapids, Michigan, Michael L. Hardy, Keely J. O'Bryan, Thompson Hine, Cleveland, Ohio, for Appellant. Peter Buscemi, Ralph N. Albright, Jr., Charles Swinburn, Thomas J. O'Brien, Morgan, Lewis & Bockius, Washington, D.C., for Appellee.

Before: MARTIN and SUTTON, Circuit Judges; WILLIAMS, District Judge.

OPINION

SUTTON, Circuit Judge.

In the 1960s, GenCorp, Inc. and Olin Corporation began a business relationship that defies easy categorization. By agreement of the parties, Olin built a manufacturing plant with GenCorp's assistance that for more than a decade supplied GenCorp with a chemical used to produce urethane foam. The manufacturing plant also produced hazardous waste. Plant operators hauled the waste to an offsite landfill, which eventually landed...

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