· 4/29/1998
Pneumo Abex Corp. v. High Point, Thomasville & Denton Railroad
Citations
- 142 F.3d 769
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that the “removal of contaminants was not the purpose of the transaction”; the foundry processed the wheel bearing because they were “worn out or broken”
- noting that the hazardous metals “were in a contained form when delivered for sale”
- no arranger liability for returning wheel bearings containing valuable but hazardous metal that was molded into new bearings
- “The parties contemplated that the bearings were a valuable product for which the Foundry paid a competitive price.”
- “The Foundry paid the appellants for the bearings; the appellants did not pay the Foundry to dispose of unwanted metal.”
- “The intent of both parties to the transaction was that the wheel bearings would be reused in their entirety in the creation of new wheel bearings.” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Judges: Goodwin, Luttig, Michael, Southern, West
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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