NCR Corporation v. George A. Whiting Paper Compan, et al
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|Date Filed||#||Document Text|
|September 25, 2014
Filed opinion of the court by Judge Wood. We REVERSE the district court's judgment with regard to Appvion's ability to bring suit under CERCLA 107(a). We VACATE the decision to hold NCR responsible for all of the response costs at operable units 2 through 5 in contribution. We AFFIRM the following decisions: that NCR may proceed only under CERCLA 113(f); that NCR is not liable as an arranger; that Glatfelter's insurance settlement may not be offset against NCR's contribution share; that NCR can be required to contribute for natural resource damages; that Glatfelter's counterclaim based on the discharges at Portage should be dismissed; and that the defendants' state-law counterclaims are preempted. This case is REMANDED for proceedings consistent with this opinion. Diane P. Wood, Chief Judge; Michael S. Kanne, Circuit Judge and John Daniel Tinder, Circuit Judge. [6608231-1]  [13-2447, 13-2522, 13-2568, 13-2570, 13-2572, 13-2605, 13-2606, 13-2607, 13-2631, 13-2645, 13-2866]
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