No. 10-4078.

681 F.3d 503 (2012)

Commonwealth of PENNSYLVANIA, Department of Environmental Protection v. LOCKHEED MARTIN CORPORATION v. United States of America; Commonwealth of Pennsylvania; Department of Conservation and Natural Resources, Lockheed Martin Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed: June 5, 2012.

Attorney(s) appearing for the Case

Raymond B. Ludwiszewski, Esquire , Michael K. Murphy, Esquire (Argued), Daniel E. Schmitt, Esquire , Gibson, Dunn & Crutcher LLP, Washington, DC, David J. Parsells, Esquire , Stevens & Lee, King of Prussia, PA, Julie E. Ravis, Esquire , Stevens & Lee, Reading, PA, for Appellant.

Kimberly A. Hummel, Esquire (Argued), Office of Chief Counsel, Department of Conservation and Natural Resources, Gregory E. Dunlap, Esquire , Office of General Counsel, Commonwealth of Pennsylvania, Harrisburg, PA, for Appellee.

Before: AMBRO, CHAGARES and ROTH, Circuit Judges.


ROTH, Circuit Judge:

This appeal involves a dispute between the Lockheed Martin Corporation on one hand and the Commonwealth of Pennsylvania and one of its administrative agencies, the Department of Conservation and Natural Resources (DCNR), on the other. Lockheed appeals the Order of the District Court, dismissing Lockheed's third-party complaint against the Commonwealth and DCNR. Lockheed contends that the District Court erred by concluding that...

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