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RSR CORP. v. COMMERCIAL METALS CO.

No. 06-3840.

496 F.3d 552 (2007)

RSR CORPORATION, Plaintiff-Appellant, v. COMMERCIAL METALS CO., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 18, 2007.

Attorney(s) appearing for the Case

ARGUED: Matthew J. Nasuti, Sebaly Shillito + Dyer, Dayton, Ohio, for Appellant. David L. Petitjean, Chappano Wood, Columbus, Ohio, for Appellee. ON BRIEF: Matthew J. Nasuti, Dianne F. Marx, Sebaly Shillito + Dyer, Dayton, Ohio, for Appellant. David L. Petitjean, Chappano Wood, Columbus, Ohio, for Appellee.

Before: SUHRHEINRICH, CLAY, and SUTTON, Circuit Judges.

SUTTON, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. CLAY, J. (pp. 560-63), delivered a separate dissenting opinion.

OPINION

SUTTON, Circuit Judge.

More than three years after signing a consent decree with the United States to pay for the environmental remediation of a contaminated industrial site in Arcanum, Ohio, RSR Corporation filed this lawsuit seeking contribution for the clean-up costs from Commercial Metals Company...

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