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053147P.pdf   07/13/2006  USA  v.  Hercules, Inc.
   U.S. Court of Appeals Case No:  05-3147
   Eastern District of Arkansas   
   [PUBLISHED] [Wollman, Author, with Fagg and Riley, Circuit Judges]
Civil case - Environmental Law. District court correctly applied the standard for divisibility set forth in this court's opinion in U.S. v. Hercules, 247 F.3d 706 (8th Cir. 2001); district court's findings concerning Hercules' responsibility for drummed waste were not erroneous; district court did not err in finding Hercules was responsible for clean-up costs associated with stillbottom drum wastes; district court did not err in finding Hercules was responsible for clean-up costs associated with demolition of the plant; evidence supported district court's findings that Hercules disposed of dioxin- contaminated wastes at the Jacksonville Landfill and should be responsible for related clean-up costs; district court did not err in finding the evidence concerning certain soil and groundwater contamination was not detailed enough to permit division of the costs; finding that Uniroyal was liable as an arranger under CERCLA was the law of the case and would not be disturbed; panel was bound by this court's earlier declaration that CERCLA's retroactive application was constitutional.