(Download) "Anspec Co. v. Johnson Controls Inc." by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Anspec Co. v. Johnson Controls Inc.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 04, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The question in this case is whether a successor corporation resulting from a merger with a corporation that had released hazardous waste materials on a previously owned site can be held liable for cleanup costs incurred by the present owner of the polluted property under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. ? 9601 et seq. (1988) (CERCLA). The district court found that CERCLA creates no such liability, and granted the successor corporations motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and (6). Anspec Co. v. Johnson Controls, Inc., 734 F. Supp. 793 (E.D. Mich. 1989). In an unpublished order, the district court also dismissed the predecessor corporation, which caused the soil and groundwater pollution that the plaintiffs were required to clean up, on the theory that this corporation no longer existed. We reverse.