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BEAZER EAST, INC. v. MEAD CORP.

Nos. 02-3727, 02-4185.

412 F.3d 429 (2005)

BEAZER EAST, INC. v. The MEAD CORPORATION v. Koppers Industries, Inc. The Mead Corporation, Appellant—Case No. 02-3727. Beazer East, Inc. v. The Mead Corporation v. Koppers Industries, Inc. The Mead Corporation, Appellant—Case No. 02-4185.

United States Court of Appeals, Third Circuit.

Opinion filed June 23, 2005.

Attorney(s) appearing for the Case

James Van Carson, Esquire (Argued), Squire, Sanders & Dempsey, Cleveland, OH, Charles R. McElwee II, Esquire, Squire, Sanders & Dempsey, San Francisco, CA, David E. White, Esquire, Thorp, Reed & Armstrong, Pittsburgh, PA, Counsel for Appellant.

D. Matthew Jameson, Esquire (Argued), Melissa L. Evans, Esquire, Mark D. Shepard, Esquire, Babst, Calland, Clements & Zomir, Pittsburgh, PA, John E. Frey, Esquire, Wildman, Harrold, Allen & Dixon, Chicago, IL, Counsel for Appellees.

Before: ROTH, MCKEE and ROSENN, Circuit Judges.

OPINION

ROTH, Circuit Judge.

The Mead Corporation appeals several orders of the United States District Court for the Western District of Pennsylvania in a CERCLA1 contribution action brought by Beazer East, Inc. The main issue presented in these appeals is whether the District Court, over Mead's objection, properly referred part of Beazer's action—the equitable allocation proceeding—to the Magistrate Judge. In conducting...

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