United States Sixth Circuit
BOB'S BEVERAGE, INC. v. ACME, INC., 00-3045
Under CERCLA, failure of property owners to prevent passive migration of hazardous substances during their ownership does not constitute a disposal.
Appellate Information
- Argued 08/03/2001
- Decided 09/04/2001
- Published 09/04/2001
Judges
- Before CLAY and GILMAN, Circuit Judges; WISEMAN, Senior District Judge.
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Charles P. Royer (argued and briefed), Kaufman & Cumberland, Cleveland, OH, for Bob's Beverage, Inc. and Ullman Oil, Inc., Thomas M. Stickney (briefed), Cleveland, OH, for Acme, Inc., James Bares, Albatross, Ltd., and Benjamin H. Merkel., Irene C. Keyse-Walker (argued), Carter E. Strang (briefed), Arter & Hadden, LLP, Cleveland, OH, for Henry H. Merkel.