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ELEMENTIS CHROMIUM v. COASTAL STATES PETROLEUM CO.

No. 04-20519.

450 F.3d 607 (2006)

ELEMENTIS CHROMIUM L.P., et al., Plaintiffs, v. COASTAL STATES PETROLEUM COMPANY, et al., Defendants, v. El Paso Merchant Energy-Petroleum Co., Successor by merger to Coastal States Crude Gathering Company, formerly known as Coastal Refining and Marketing, Inc., Third Party Plaintiff-Appellee-Cross-Appellant, v. Amerada Hess Corporation, Third Party Defendant-Appellee, Magellan Terminals Holdings L.P., Third Party Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

May 26, 2006.

Attorney(s) appearing for the Case

George O. Wilkinson (argued), Vinson & Elkins, Houston, TX, for Magellan Terminals Holdings L.P.

Michael T. Powell (argued), Kent Geoffrey Rutter, Kirk L. Worley, Mario Ernesto de la Garza, Haynes & Boone, Houston, TX, for El Paso Merchant Energy-Petroleum Co.

Before JONES, Chief Judge, and KING and DENNIS, Circuit Judges.

EDITH H. JONES, Chief Judge:

All sides appeal the district court's judgment apportioning liability in a CERCLA cleanup case. Magellan Terminals Holdings L.P. ("Magellan") and Amerada Hess Corp. ("Hess") appeal the district court's imposition of joint and several liability upon them. El Paso Merchant Energy-Petroleum Co. ("El Paso") appeals the district court's allocation of liability for future cleanup costs.

Finding that Magellan preserved its objection to...

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