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GANTON TECHS. v. QUADION CORP.

September 27, 1993

GANTON TECHNOLOGIES, INC., Plaintiff,
v.
QUADION CORPORATION and O. H. MATERIALS CORPORATION, Defendants, and QUADION CORPORATION, Crossclaimant, Counterclaimant and Third Party Plaintiff, v. GANTON TECHNOLOGIES, INC., Counterclaim Defendant, O.H. MATERIALS CORPORATION, Crossclaim Defendant, H.D.R. INFRASTRUCTURE, INC., DELORES H. MACHE, THE JOHN MACHE DECLARATION OF TRUST, dated August 1, 1973, John Doe and Mary Roe as Beneficiaries of The John Mache Declaration of Trust, THE FIRST NATIONAL BANK OF DES PLAINES, as Trustee of The John Mache Declaration of Trust, NBD PARK RIDGE BANK as Trustee of the John Mache Declaration of Trust, and NBD TRUST COMPANY OF ILLINOIS, as Trustee of the John Mache Declaration of Trust, Third Party Defendants.


HOLDERMAN


The opinion of the court was delivered by: JAMES F. HOLDERMAN

JAMES F. HOLDERMAN, District Judge:

 Third party defendant HDR Engineering, Inc. ("HDR") moves to dismiss the amended third-party complaint of Quadion Corporation ("Quadion"). HDR also moves for a protective order. Defendant and cross-claim defendant O.H. Materials Corporation ("OHM") moves to dismiss Count III, IV, V, and VI of Quadion's amended cross-claim. HDR's motion to dismiss is granted in part and denied in part. HDR's motion for a protective order is denied. OHM's motion to dismiss is granted in part and denied in part.

 BACKGROUND

 The facts of this complex, consolidated case were discussed in opinions dated May 17, 1990 ("Opinion I"), December 21, 1990 ("Opinion II"), June 11, 1991 ("Opinion III"), and March 26, 1992 ("Opinion IV") and will not be repeated here.

 Quadion's amended cross-claim contains six counts against OHM:

 
1. Breach of Contract;
 
2. Negligence;
 
3. CERCLA Cost Recovery;
 
4. CERCLA Contribution;
 
5. CERCLA Declaratory Judgment;
 
6. Strict Liability;
 
7. Indemnity and/or Contribution.

 (Quadion's Amended Cross-Claim, pp. 16-25).

 OHM moves for dismissal of the CERCLA counts (III, IV & V) on the grounds OHM is not a "responsible party" under CERCLA, and for dismissal of Count VI on the grounds OHM's activities are not abnormally dangerous. (OHM's Motion to Dismiss, p. 2).

 Quadion's amended third party complaint asserts the following claims against HDR:

 
1. Breach of Contract;
 
2. Negligence;
 
3. CERCLA Cost Recovery;
 
4. CERCLA Contribution;
 
5. CERCLA Declaratory Judgment;
 
6. Strict Liability.

 (Quadion's amended third party complaint, ...


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