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Alcoa, Inc. v. Alcan, Inc.

ELR Citation: 37 ELR 20198
Nos. No. 06-451-SLR, (D. Del., 07/17/2007)

A district court held that a plaintiff's failure to join a city in its action against intermediate owners of a cast aluminum manufacturing facility did not warrant dismissal of the case. Upon learning of environmental contamination of the facility, the city acquired the facility and ordered the past owners to remediate the site. The plaintiff, the past owner of the facility, sought a declaratory judgment that it was not liable to the intermediate owners for the costs of remediating environmental contamination at the site. The former owner also claimed it was entitled to indemnification from one of the intermediate owners should it be found liable to the most recent owner. That intermediate owner filed a motion to dismiss, arguing that the city was a necessary and indispensable party. But the nature of the action is contractual and does not necessitate joinder of the city. Nor does the city's dual role as regulator and private-party owner necessitate joinder. The former owner's motion to dismiss was therefore denied.