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U.S. v. GENERAL BATTERY CORP., INC.

No. 03-3515.

423 F.3d 294 (2005)

UNITED STATES of America v. GENERAL BATTERY CORPORATION, INC., Exide Corporation Exide Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Filed September 6, 2005.

Attorney(s) appearing for the Case

Robert L. Collings, (Argued), Carl A. Solano, Schnader Harrison Segal & Lewis LLP, Philadelphia, Pennsylvania, for Appellant.

John T. Stahr, (Argued), United States Department of Justice, Environment and Natural Resources Division, Washington, D.C., Nuriye C. Uygur, Office of United States Attorney, Philadelphia, Pennsylvania, for Appellee, United States of America.

Before SCIRICA, Chief Judge, RENDELL and FISHER, Circuit Judges.

SCIRICA, Chief Judge.

This appeal addresses successor liability under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9601 et seq., for environmental response costs incurred by the United States at a lead-contaminated Superfund site. The District Court granted summary judgment in favor of the United States on a "de facto merger" theory of successor liability. We will affirm.

I.

The...

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