862 F.2d 1500 (11th Cir. 1989), 88-3019, In re Charter Co.

Docket Nº:88-3019.
Citation:862 F.2d 1500
Party Name:Envtl. In re The CHARTER COMPANY, et al., Debtor. SYNTEX CORP., et al., Plaintiffs-Appellants, v. The CHARTER COMPANY, et al., Defendants-Appellees. NORTHEASTERN PHARMACEUTICAL AND CHEMICAL CO., et al., Plaintiffs-Appellants, v. The CHARTER CO., et al., Defendants-Appellees. SYNTEX CORP., et al., Plaintiffs-Appellants, v. INDEPENDENT PETROCHEMICAL
Case Date:January 11, 1989
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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Page 1500

862 F.2d 1500 (11th Cir. 1989)

Envtl.

In re The CHARTER COMPANY, et al., Debtor.

SYNTEX CORP., et al., Plaintiffs-Appellants,

v.

The CHARTER COMPANY, et al., Defendants-Appellees.

NORTHEASTERN PHARMACEUTICAL AND CHEMICAL CO., et al.,

Plaintiffs-Appellants,

v.

The CHARTER CO., et al., Defendants-Appellees.

SYNTEX CORP., et al., Plaintiffs-Appellants,

v.

INDEPENDENT PETROCHEMICAL CORP., Defendant-Appellee.

NORTHEASTERN PHARMACEUTICAL AND CHEMICAL CO., et al.,

Plaintiffs-Appellants,

v.

INDEPENDENT PETROCHEMICAL CORP., Defendant-Appellee.

No. 88-3019.

United States Court of Appeals, Eleventh Circuit

January 11, 1989

Page 1501

Benjamin Ackerly, Deborah Fletcher, Hunton & Williams, Richmond, Va., for Syntex Corp.

Donahoo, Donahoo & Ball, Hayward M. Ball, Jacksonville, Fla., for Syntex Corp., Syntex (U.S.A.), Inc., et al.

Ted Perryman, John Walker, Roberts, Perryman & Bomkamp, P.C., St. Louis, Mo., for Northeastern Pharmaceutical and Chemical Co.

Stephen D. Busey, James Taylor, Waddell A. Wallace, III, Smith & Hulsey, Jacksonville, Fla., for the Charter Co.

Appeal from the United States District Court for the Middle District of Florida.

Before ANDERSON and COX, Circuit Judges, and TUTTLE, Senior Circuit Judge.

COX, Circuit Judge:

These Chapter 11 reorganization proceedings are before the court on appeals from an order of the court below disallowing as contingent certain of the appellants' claims against the appellees' bankruptcy estates. We affirm.

BACKGROUND

Appellees, The Charter Company, Charter Oil Company, Charter International Oil Company (collectively referred to as "Charter") and Independent Petrochemical Corporation ("IPC"), filed voluntary petitions seeking the protection Congress has made available to certain business debtors in Chapter 11 of the Bankruptcy Code. 1 Subsequently, the appellants, Syntex Corporation, Syntex Laboratories, Inc., Syntex Agribusiness, Inc., Syntex U.S.A., Inc. (collectively referred to as "Syntex"), and Northeastern Pharmaceutical and Chemical Company, Inc., Edwin Michaels, John Lee, Bernard Bortz and Milton Turkel (collectively referred to as "NEPACCO"), filed proofs of claim seeking contribution, reimbursement or indemnity from Charter and IPC. Each of the proofs asserted similar claims.

The Syntex and NEPACCO claims arise from eight lawsuits commenced by the

Page 1502

United States, the State of Missouri, and approximately five hundred other named plaintiffs in the United States District Court for the Eastern District of Missouri, and Missouri state courts, to recover over $3 billion for injuries, losses and costs allegedly suffered or incurred due to the disposal of dioxin-bearing waste in Missouri. Though based primarily on state law, several of the actions are brought pursuant to the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"). 2 The Missouri plaintiffs alleged that Syntex and NEPACCO jointly owned, managed, and controlled the manufacturing facility at which the toxic substance was generated. Through their proofs of claim, Syntex and NEPACCO allege, in turn, that Charter and IPC are jointly and severally liable for any monetary award that might be assessed against them in the Missouri...

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