United States Sixth Circuit

In a suit brought by plaintiff more than three years after signing a consent decree with the U.S. to pay for the environmental remediation of a contaminated industrial site, seeking contribution under CERCLA for the clean-up costs from another company, dismissal of the complaint is affirmed as the district court properly found that plaintiff filed the contribution action after the three-year limitations period had expired.

Appellate Information

• Decided 07/18/2007
• Published 07/18/2007

Judges

• Before:  SUHRHEINRICH, CLAY, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Matthew J. Nasuti, Sebaly Shillito + Dyer, Dayton, Ohio, for Appellant.  David L. Petitjean, Chappano Wood, Columbus, Ohio, for Appellee.   ON BRIEF:  Matthew J. Nasuti, Dianne F. Marx, Sebaly Shillito + Dyer, Dayton, Ohio, for Appellant.  David L. Petitjean, Chappano Wood, Columbus, Ohio, for Appellee.