RAYTHEON AIRCRAFT COMPANY, Plaintiff-Counter-Defendant-Appellant,
v.
UNITED STATES of America, Defendant-Counter-Claimant-Appellee.
Lockheed Martin Corporation, Amicus Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
December 29, 2009.
December 29, 2009.
Attorney(s) appearing for the Case
Robert M. Jackson, Honigman Miller Schwartz and Cohn LLP, Detroit, MI (Brian D. Wassom of Honigman Miller Schwartz and Cohn LLP, Detroit, MI; Stephen J. Torline and Derek T. Teeter of Husch Blackwell Sanders LLP, Kansas City, MO, with him on the briefs), for Appellant.
Brian C. Toth, Attorney, Environment & Natural Resources Division, United States Department of Justice (Scott Pemberton, of Counsel, Regional Counsel for Region 7, United States Environmental Protection Agency; Catherine R. Sanders, Of Counsel, Office of Chief Counsel, United States Army Corps of Engineers; John C. Cruden, Acting Assistant Attorney General, Environment & Natural Resources Division; Sean Carman, Attorney, Environment & Natural Resources Division, United States Department of Justice; and Mary Whittle, Attorney, Environment & Natural Resources Division, United States Department of Justice, with him on the brief), Washington, DC, for Appellee.
Raymond B. Ludwiszewski, Peter E. Seley, and Michael K. Murphy, Gibson, Dunn & Crutcher LLP, Washington, DC, on the brief for Amicus Curiae in support of Appellant.
Before MURPHY, EBEL, and HARTZ, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
MURPHY, Circuit Judge.
I. Introduction
This is an appeal from a judgment in favor of the United States in a cost recovery action under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601-9675. At trial, the parties disputed the degree to which each is liable for trichloro ethylene ("TCE") contamination near Hangar 1 and Hangar 4 at Tri-County Public Airport1 in Herington...
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