Kelley v. Tiscornia
United States District Court for the Western District of Michigan
810 F. Supp. 901 (1993)
- Written by Rich Walter, JD
Facts
Auto Specialties Manufacturing Company (AUSCO) mortgaged its property to Manufacturers National Bank of Detroit (bank) in return for a bank line of credit. The accompanying finance agreement authorized the bank to monitor and exert some influence over AUSCO’s financial affairs. When AUSCO found itself in financial difficulties, the bank threatened to cut off AUSCO’s credit unless AUSCO agreed to replace some of its managers. Two AUSCO facilities were later found to be contaminated by hazardous substances. As required by the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the state of Michigan (state) cleaned up the contamination. The state, seeking reimbursement for the cleanup expenses and acting through its attorney general, Frank Kelley (plaintiff), sued the bank and AUSCO manager Lester Tiscornia (defendants) in federal district court.
Rule of Law
Issue
Holding and Reasoning (McKeague, J.)
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