eBook details
- Title: City Management Corp. V. U.S. Chemical Co.
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 10, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
MILBURN, Circuit Judge. In this CERCLA*fn1 action, defendants appeal the district court's grant of summary judgment to plaintiff City Environmental, Inc.*fn2 in a dispute over environmental obligations arising from the disposal of hazardous waste at landfills in Michigan. On appeal, the issues are (1) whether the district court erred in holding that even though plaintiff substantially continued the business of U.S. Chemical ("USC"), plaintiff was not liable as a successor for USC's off-site CERCLA liabilities because there was no nexus between plaintiff and USC's off-site liabilities; (2) whether the district court erred in concluding as a matter of law that the transfer in question was not fraudulent under Michigan's fraudulent conveyance act; and (3) whether the district court erred in failing to consider defendant's argument that plaintiff impliedly assumed responsibility for USC's off-site liabilities. For the reasons that follow, we affirm.