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Clark v. Teeven Holding Co., Inc.

625 A.2d 869 (1992)

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Clark v. Teeven Holding Co., Inc.

Delaware Court of Chancery
625 A.2d 869 (1992)

RW

Facts

Delaware Secretary of Natural Resources and Environmental Control Edwin Clark (plaintiff) sought and obtained a Delaware Court of Chancery consent order requiring Teeven Holding Company, Inc. (Teeven) (defendant) to remove contaminants from its property. Teeven sought to make third-party polluters pay for the cleanup by joining them as third-party defendants. Teeven’s pleadings alleged third-party liability based on multiple theories, such as fraud and restitution. Teeven also invoked its private rights of action under two Delaware environmental statutes. Finally, Teeven sought a declaratory judgment holding each third-party defendant individually liable for the cleanup costs. The third parties moved to dismiss Teeven’s complaint for lack of equity jurisdiction.

Rule of Law

Issue

Holding and Reasoning (Hartnett, J.)

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