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GOULD, INC. v. A & M BATTERY & TIRE SERV.

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


September 4, 1997

GOULD, INC., Plaintiff,
v.
A & M BATTERY & TIRE SERVICE, et. al., Defendants.

The opinion of the court was delivered by: CONABOY

DETERMINATION OF LIABILITY FINDINGS OF FACT AND CONCLUSIONS OF LAW

 By Order of Court dated January 28, 1997, (Doc. 1579), this Court bifurcated the trial of this case into four (4) phases. *fn1" On Monday, February 24, 1997, the Court conducted the first day of the non-jury trial. On that day, we heard testimony regarding the liability of certain defendants who remained for trial. The following defendants have contested liability during Phase I: Bladensburg River Road Metals Company, Claremont Metal & Paper Stock Corporation, M. Wilder & Son, Incorporated, Abe Cooper Watertown Corporation, Eric's Iron & Steel, Eric Pirchesky, Louis Mack Company, Inc., and Newcastle Junk. *fn2"

 After hearing and reviewing the testimony, it is clear that all remaining defendants over a long period of time sold and sent batteries to the Marjol site where they were crushed and put through the reclamation process. As it has been expressed in a number of prior Orders of Court, that process resulted in serious contamination of the environment and surrounding properties.

 We have previously held that those who contributed junk batteries to the Marjol site are liable pursuant to 42 U.S.C. § 9607(a)(3). See Gould, Inc. v. A & M Tire & Battery Service, et. al., 933 F. Supp. 431, 436 (M.D. Pa. 1996) (discussing arranger liability for the sale of junk batteries even though spent batteries are not "solid waste"). The evidence reveals that the above named defendants shipped batteries to the site for reclamation. Therefore, on the basis of these facts, under CERCLA, which imposes absolute liability, the defendants are liable for contribution costs incurred as a result of contamination and required cleanup. An appropriate Order is attached.

 Richard P. Conaboy

 United States District Judge

 DATE: 9/4/97

 ORDER

 AND NOW, THIS 4th DAY OF SEPTEMBER, 1997, IT IS HEREBY ORDERED THAT:

 

1. The following defendants are liable pursuant to 42 U.S.C. § 9607(a) of CERCLA for their share of clean up costs incurred by Plaintiff Gould at the Marjol site:

 

Bladensburg River Road Metals Company

 

Claremont Metal & Paper Stock Corporation

 

M. Wilder & Son, Incorporated

 

Abe Cooper Watertown Corporation

 

Eric's Iron & Steel

 

Eric Pirchesky

 

Louis Mack Company, Inc.

 

Newcastle Junk

 

2. The defendants' apportioned share of liability is to be determined in the Court's Findings of Facts and Conclusions of Law from Phase II of the bench trial.

 

3. The CLERK of COURT is DIRECTED to Mark The Docket Sheet ACCORDINGLY.

 Richard P. Conaboy

 United States District Judge


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