TDY Holdings, LLC v. United States

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. Introduction

Plaintiffs TDY Holdings, LLC and TDY Industries, LLC (collectively “TDY’) filed *1002 a complaint against defendants the United States of America, the ■ United States Department of Defense, and the Secretary of Defense (collectively “the Government”) seeking an equitable allocation of the response costs TDY has incurred, and will incur, for the cleanup of a 44-plus acre manufacturing site in San Diego (the “Site”). The Site, located at 2701 North Harbor Drive, San Diego, California, is bordered on the north by the San Diego International Airport at Lindbergh Field and on the south by the Convair Lagoon, which is part of an inlet of the , Pacific Ocean. TDY, or its predecessors, had leased the Site from the City of San Diego and later the San Diego Unified Port District.

For decades Ryan Aeronautical Company (“Ryan”) manufactured aircraft and aircraft parts at the Site. The majority of this manufacturing was to fulfill military contracts for the Government. In 1969, Tele-dyne Industries, Inc., purchased Ryan and the entity became known as Teledyne Ryan Aeronautical. Teledyne Industries later became known as TDY, and in…