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REFINED METALS CORP. v. NL INDUSTRIES INC.

No. 18-3235.

937 F.3d 928 (2019)

REFINED METALS CORPORATION, Plaintiff-Appellant, v. NL INDUSTRIES INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 22, 2019.

Rehearing En Banc Denied September 20, 2019.

Attorney(s) appearing for the Case

Robert Ledson Collings , Attorney, SCHNADER, HARRISON, SEGAL & LEWIS, Philadelphia, PA, for Plaintiff-Appellant.

Joel L. Herz , Attorney, LAW OFFICES OF JOEL L. HERZ, Tucson, AZ, for Defendant-Appellee.

Before Wood, Chief Judge, and Flaum and Sykes, Circuit Judges.

This is a case about who should bear the costs of cleaning up a contaminated lead smelter site in Beech Grove, Indiana, a suburb of Indianapolis. Plaintiff Refined Metal Corporation ("Refined") has owned the site since 1980, when it acquired it from defendant NL Industries Inc. ("NL"). After years of litigation involving both...

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