BEAZER EAST, INC. v. MEAD CORPORATION

No. 06-4993.

525 F.3d 255 (2008)

BEAZER EAST, INC. v. The MEAD CORPORATION, Appellant v. Koppers Industries, Inc., Third Party Defendant.

United States Court of Appeals, Third Circuit.

Filed: May 13, 2008.


Attorney(s) appearing for the Case

Dale E. Stephenson, Esquire (Argued), J. Van Carson, Esquire, Allen A. Kacenjar, Esquire, Squire, Sanders & Dempsey L.L.P., Cleveland, OH, David E. White, Esquire, Thorp, Reed & Armstrong, Pittsburgh, PA, for Appellant The Mead Corporation.

D. Matthew Jameson, III, Esquire (Argued), Mark D. Shepard, Esquire, Babst, Calland, Clements & Zomnir, P.C., Pittsburgh, PA, for Appellee Beazer East, Inc.

John E. Frey, Esquire, Wildman, Harrold, Allen & Dixon, Chicago, IL, for Appellee Koppers Industries, Inc.

Before: RENDELL, WEIS and NYGAARD, Circuit Judges.


OPINION

WEIS, Circuit Judge.

This is the third appeal in this long-running contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Pub.L. No. 96-510, 94 Stat. 2767. After the second appeal was decided, defendant Mead moved for judgment for failure to state a claim or for lack of subject-matter jurisdiction. The District Court denied the motions, but certified a controlling question of law under...

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