United States Seventh Circuit

In a suit to force the seller of a property to remove and dispose of asbestos insulation, summary judgment for defendant is affirmed where: 1) defendant was not a responsible party under the Comprehensive Environmental Response, Compensation, and Liability Act; 2) there was no release or threatened release of hazardous materials; and 3) defendant had not disposed of, handled, or stored the insulation for purposes of a Resource Conservation and Recovery Act claim.

Appellate Information

• Decided 10/20/2008
• Published 10/20/2008

Judges

• FLAUM, Circuit Judge., Before FLAUM, WILLIAMS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• William J. Anaya (argued), Hal R. Morris, Arnstein & Lehr LLP, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Stephen R. Ayres (argued), Cheely, O'Flaherty & Ayres, Chicago, IL, for Defendant-Appellee.