DULUTH, Ga.--(BUSINESS WIRE)--Sep. 27, 2013--
Yesterday, the United States District Court for the Western District of
Michigan issued its post-trial decision in Phase I of the litigation in
Georgia-Pacific Consumer Products LP, et al. v. NCR Corporation, et al.,
No. 1:11-CV-483 (W.D. Mich.), relating to CERCLA liability at the
Kalamazoo River Site (the "Site"). The Court found that NCR is liable as
an arranger under Section 107(a)(3) of CERCLA for sales of
PCB-containing carbonless copy paper (“CCP”) broke, at least as of March
1969. PCB-containing CCP was produced from approximately 1954 to April
1971. NCR is one of a number of Potentially Responsible Parties at the
Site. The Court did not determine NCR's share of the overall liability
or how NCR's liability relates to the liability of other liable or
potentially liable parties at the Site. If NCR were to be found liable
for any costs with respect to the Kalamazoo River, it would have claims
against Appleton Papers Inc. (now known as Appvion, Inc.) and B.A.T
Industries p.l.c. under a 1998 cost sharing agreement and associated
arbitration award and judgment.
NCR respectfully disagrees with the Court’s conclusion. NCR believes
that the decision of the United States District Court for the Eastern
District of Wisconsin, in Appleton Papers Inc. v. George A. Whiting
Paper Co., No. 08-C-16 (E.D. Wis.), properly concluded that sales of CCP
broke were sales of a useful product and not an arrangement to dispose
of a hazardous material under CERCLA.
NCR is evaluating the opinion and is considering its legal options.
About NCR Corporation
NCR Corporation (NYSE: NCR) is the global leader in consumer transaction
technologies, turning everyday interactions with businesses into
exceptional experiences. With its software, hardware, and portfolio of
services, NCR enables more than 300 million transactions daily across
the financial, retail, hospitality, travel, telecom and technology
industries. NCR solutions run the everyday transactions that make your
life easier.
NCR is headquartered in Duluth, Georgia with over 26,000 employees and
does business in 180 countries. NCR is a trademark of NCR Corporation in
the United States and other countries. The company encourages investors
to visit its web site which is updated regularly with financial and
other important information about NCR.
Web site: www.ncr.com
Twitter: @NCRCorporation
Facebook: www.facebook.com/ncrcorp
LinkedIn: www.linkedin.com/company/ncr-corporation
YouTube: www.youtube.com/user/ncrcorporation
Source: NCR Corporation
NCR Corporation
Kevin Ruane, 212-589-8553
kevin.ruane@ncr.com
