Fifth Circuit Court Cases - Case Law and Opinions from the 5th Circuit Federal Court - Court of Appeals

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UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 96-31226
UNIROYAL CHEMICAL COMPANY, INC.,
Plaintiff-Appellant,
VERSUS
DELTECH CORP.; ET AL.,
Defendants,
SAFEWAY TRANSPORTATION, INC.; TMI ENTERPRISE, INC.,
Defendants-Appellees.
Appeal from the United States District Court
for the Middle District of Louisiana
January 8, 1999
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
(Opinion November 10, 1998, 5th Cir. 1998, ______F.3d_____)
Before MAGILL,1 SMITH, and DeMOSS, Circuit Judges
DeMOSS, Circuit Judge:
Construing the Suggestion for Rehearing en Banc of Defendants-
Appellees Safeway Transportation, Inc., and TMI Enterprises, Inc.,
as a Petition for Panel Rehearing, we conclude that the petition is
due to be GRANTED-IN-PART as follows. The last sentence in the
introduction is revised from "We vacate the district court's
1 Circuit Judge of the Eighth Circuit, sitting by
designation.

judgment and remand this action for entry of judgment in favor of
Uniroyal," to read "We vacate the district court's judgment and
remand this action for further proceedings consistent with this
opinion." Also, the last sentence in the opinion's conclusion is
revised from "Based on the foregoing, we VACATE the judgment of the
district court granting summary judgment to the defendants, and
REMAND to the district court for entry of judgment in favor of
Uniroyal as to CERCLA liability, and such further proceedings as to
damages as may be required," to read "Based on the foregoing, we
VACATE the judgment of the district court granting summary judgment
to the defendants, and REMAND to the district court for further
proceedings consistent with this opinion." Other than those two
modifications, our opinion remains unchanged.
2