STATE OF IDAHO v. BUNKER HILL CO.

Nos. 83-3161, 84-1155 and 84-3071.

635 F.Supp. 665 (1986)

The STATE OF IDAHO, Plaintiff, v. The BUNKER HILL COMPANY, a Delaware corporation; Pintlar Corporation, a Delaware corporation; Gulf Resources & Chemical Corporation, a Delaware corporation; and John Does 1 to 500, Defendants. GULF RESOURCES & CHEMICAL CORPORATION, Third-Party Plaintiff, v. The AETNA CASUALTY AND SURETY COMPANY and The Home Indemnity Company, Third-Party Defendants. GULF RESOURCES & CHEMICAL CORPORATION, and Pintlar Corpoation, Third-Party Plaintiffs, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK; Pacific Insurance Company; Continental Re-Insurance Corporation; First State Insurance Company; Northwestern National Insurance Company, Northwestern National Casualty Company; Admiral Insurance Company; The Insurance Company of the State of Pennsylvania; and Pacific Indemnity Company (Chubb), Third-Party Defendants. PINTLAR CORPORATION, Third-Party Plaintiff, v. UNDERWRITERS AT LLOYD'S, LONDON, Third-Party Defendant. AETNA CASUALTY AND SURETY COMPANY, Third-Party Plaintiff, v. FIRST STATE INSURANCE COMPANY, Northwestern National Insurance Company, and Northwestern National Casualty Company, Third-Party Defendants. CONTINENTAL RE-INSURANCE CORPORATION, a California corporation; Pacific Insurance Company, a California corporation; and Fidelity & Casualty Company of New York, a New York corporation, Third-Party Plaintiffs, v. FIRST STATE INSURANCE COMPANY, Northwestern National Insurance Company, and Northwestern National Casualty Company, Third-Party Defendants. PINTLAR CORPORATION, Third-Party Plaintiff, v. INSURANCE COMPANY OF NORTH AMERICA, Third-Party Defendant. AETNA CASUALTY & SURETY CO., a corporation, Plaintiff, v. GULF RESOURCES & CHEMICAL CORPORATION, a Delaware corporation; The Bunker Hill Company, a Delaware corporation; Pintlar Corporation, a Delaware corporation, Defendants. CONTINENTAL RE-INSURANCE CORPORATION, a California corporation; Pacific Insurance Company, a California corporation; Fidelity & Casualty Company of New York, a New York corporation; and Northbrook Insurance Company, an Illinois corporation, Plaintiffs, v. The BUNKER HILL COMPANY, a Delaware corporation; and Gulf Resources & Chemical Corporation, a Delaware corporation, Defendants.

United States District Court, D. Idaho.

May 22, 1986.


Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., State of Idaho, P. Mark Thompson, Deputy Atty. Gen., Chief, Administrative Law & Litigation Div., Boise, Idaho, Sheila Glusco Bush, Deputy Atty. Gen., Administrative Law & Litigation Div., for State of Idaho.

William F. Boyd, Fred M. Gibler, Charles L.A. Cox, Evans, Keane, Koontz, Boyd & Ripley, Kellogg, Idaho, James P. Keane, Evans, Keane, Koontz, Boyd & Ripley, Coeur d'Alene, Idaho, for Bunker Hill, Pintlar Corp., Gulf Resources & Chemical Corp.

R.B. Kading, Jr., Scott D. Hess, Warren Jones, Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, Idaho, for Pacific Idem. Co., Aetna Cas. and Sur. Co.

R.B. Rock, Robert B. Luce, Kristi Emig-Mark, Moffatt, Thomas, Barrett & Blanton, Boise, Idaho, for Home Idem. Co.

John P. Howard, Marc A. Lyons, Quane, Smith, Howard & Hull, Boise, Idaho, for Fidelity & Cas. Co. of New York, Pacific Ins. Co., Continental Re-Ins. Corp., Northbrook Ins. Co.

Richard C. Mellon, Jr., D. Alan Kofoed, Elam, Burke & Boyd, Boise, Idaho, for First State Ins., Northwestern Nat. Ins., Northwestern Nat. Cas.

Howard Humphrey, Clemons, Cosho & Humphrey, Boise, Idaho, Frank R. Morrison, Jr., Bassett & Morrison, Seattle, Wash., for The Ins. Co. of the State of Pa.

James B. Lynch, Scott W. Marotz, Charles R. Clark, Imhoff & Lynch, Boise, Idaho, for Admiral Ins. Co.

James P. Barber, Ray L. Wong, William J. Casey, Hancock, Rothert & Bunshoft, San Francisco, Cal. Gardner W. Skinner, Jr., Robert D. Lewis, Cantrill, Skinner, Sullivan & King, Boise, Idaho, for Underwriters at Lloyd's, London-Jervois.


MEMORANDUM OPINION AND ORDER

RYAN, District Judge.

I. INTRODUCTION

May 9, 1986, the court heard oral argument on issues raised pursuant to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. §§ 9601-9657 (1984), as well as the issue of personal jurisdiction over Gulf Resources & Chemical Corporation (Gulf). All parties were represented by respective counsel at the hearing on the CERCLA issues...

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