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DENT v. BEAZER MATERIALS AND SERVICES, INC.

Civil Action No. 2:89-2851-8.

993 F.Supp. 923 (1995)

H. George DENT, Jr.; Ashley Realty Company, Inc., a South Carolina Corporation; and Southern Dredging Co., Inc., a South Carolina Corporation, Plaintiffs, v. BEAZER MATERIALS AND SERVICES, INC. and Beazer East, Inc., Successors in Interest to Koppers Company, Inc.; Agrico Chemical Company, Continental Oil Company, American Agricultural Chemical Company; and Fos-Kem Liquidation Corporation, Defendants, of whom BEAZER MATERIALS AND SERVICES, INC., and Beazer East, Inc., Successors in Interest to Koppers Company, Inc., Agrico Chemical Company, Continental Oil Company, American Agricultural Company, and Fos-Kem Liquidation Corporation, are Third-Party Plaintiffs, v. BRASWELL SHIPYARDS, INC., Third Party Defendant.

United States District Court, D. South Carolina, Charleston Division.

December 28, 1995.

Attorney(s) appearing for the Case

Timothy William Bouch, William Jefferson Leath, Jr., Young, Clement, Rivers & Tisdale, Charleston, for H. George Dent, Jr., Ashley Realty Co. and Southern Dredging Co.

Robert Erving Stepp, Glenn Murphy Gray and Stepp LLP, Columbia, SC, Elizabeth Henry Warner, Buist, Moore, Smythe & McGee, PA, Charleston, SC, for Beazer Materials and Services, Inc.

Mark R. Zehler, Houston, TX, P. Michael Duffy, Michael A. Scardato, Charleston, SC, (Conoco), Samuel J. Morley, Harry R. Detwiler, Jr., Tallahassee, FL, William L. Want, Charleston, SC, (Agrico) for Defendants.

ORDER

BLATT, Senior District Judge.

I. BACKGROUND

From 1930 to 1977, Koppers Company, Inc. (hereinafter "Koppers"), now known as Beazer East, Inc. (hereinafter "Beazer")1, operated a wood treating plant on approximately 45 acres of property in a part of Charleston, South Carolina known as the "neck" area.

The property immediately south of...

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