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LYONDELL CHEMICAL CO. v. OCCIDENTAL CHEMICAL CORP.

No. 08-40060.

608 F.3d 284 (2010)

LYONDELL CHEMICAL COMPANY; et al., Plaintiffs, Epec Polymers, Inc.; Epec Corporation; El Paso Tennessee Pipeline Company, Third Party Plaintiffs-Appellees-Cross Appellants, Tennessee Gas Pipeline Company, formerly known as Tenneco, Inc., Defendants-Appellees-Cross Appellants, v. OCCIDENTAL CHEMICAL CORPORATION, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

June 8, 2010.

Attorney(s) appearing for the Case

John R. Eldridge (argued), Kent Geoffrey Rutter, Haynes & Boone, L.L.P., Ann Al-Bahish, Jackson, Gilmour & Dobbs, P.C., Houston, TX, for Plaintiffs and Tennessee Gas Pipeline Co.

Andrew L. Strong, The Texas AMUniversity System, College Station, TX, Kevin Murray Fong, Pillsbury, Winthrop, Shaw, Pittman, L.L.P., San Francisco, CA, Claudia Wilson Frost, Jeremy Gaston (argued), Pillsbury, Winthrop, Shaw, Pittman, L.L.P., Houston, TX, for Occidental Chemical Corp.

Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Both sides to this appeal concede liability for environmental cleanup at a hazardous waste dump near the Houston Ship Channel but fault the district court's equitable allocation of the associated costs. More specifically, this appeal concerns the reliability of expert witness testimony under Daubert, the admission of alleged settlement communications into evidence, the district court's choice of methodologies in allocating...

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