1 U.S.C. § 5
“Company” or “association” as including successors and assigns
The word “company” or “association”, when used in reference to a corporation, shall be deemed to embrace the words “successors and assigns of such company or association”, in like manner as if these last-named words, or words of similar import, were expressed.
Notes of Decisions
Cited in 14
cases, 1991–2020 · leading case: Barnhart v. Sigmon Coal Co., 534 U.S. 438 (2002).
Barnhart v. Sigmon Coal Co., 534 U.S. 438 (2002). “And, we know from 1 U. S. C. § 5 that "[t]he word `company' or `association', when used in reference to a corporation, shall be deemed to embrace the words `successors and assigns of such company or association', in like manner as if these last-named words, or words of similar…”
Navy Fed. Credit Union v. LTD Fin. Servs., LP, 972 F.3d 344 (4th Cir. 2020). “See “The Dictionary Act,” 1 U.S.C. § 5 (The word “association” may be used “in reference to a corporation.”
United States v. Gen. Battery Corp., Inc., Exide Corp. Exide Corp., 423 F.3d 294 (3rd Cir. 2005). “§ 9601 (21) (including “corporations” among the “persons” covered by CERCLA); 1 U.S.C. § 5 (providing, as a rule of interpretation, that “the word ‘company’ or ‘association’, when used in reference to a corporation, shall be deemed to embrace the words ‘successors and assigns of…”
The Anspec Co., Inc. & Hugh Montgomery v. Johnson Controls, Inc., Hoover Universal, Inc., Hoover Grp., Inc. & Ultraspherics, Inc., 922 F.2d 1240 (6th Cir. 1991). “” 1 U.S.C. § 5 (1988). It seems clear that the listing of the various terms applied to business entities within the meaning of “person” in § 9601(21) — “firm, corporation, association, partnership, consortium, joint venture, commercial entity .”
United States v. Midwest Generation, LLC, 781 F. Supp. 2d 677 (N.D. Ill. 2011). “” 1 U.S.C. § 5 . The court determined that § 5 “lends credence to the notion that, when Congress defined ‘person’ by listing a variety of terms that apply to business entities, it intended to include all known forms of business and commercial enterprises.”
North Shore Gas Co. v. Salomon Inc, 152 F.3d 642 (7th Cir. 1998). “’ ” 1 U.S.C. § 5 . This rule of construction lends credence to the notion that, when Congress defined “person” by listing a variety of terms that apply to business entities, it “intended to include all known forms of business and commercial enterprises.”
Ekotek Site PRP Comm. v. Self, 948 F. Supp. 994 (D. Utah 1996). “2d at 486 ; see 1 U.S.C. § 5 (1994). The court reasoned that, by implication, Congress must have considered the term “corporation” in CERCLA inherently to include successor corporations.”
Goodrich v. Betkoski, 99 F.3d 505 (2d Cir. 1996). “’ ” 1 U.S.C. § 5 ; see Anspec, 922 F.2d at 1247 (applying § 5 in analyzing CERCLA liability).”
Kelley Ex Rel. Mich. Nat. Res. v. Tiscornia, 827 F. Supp. 1315 (W.D. Mich. 1993). “Specifically, 1 U.S.C. § 5 (1990), provides that the words “company” or “association” used in reference to a corporation include successors or assigns.”
Washington v. United States, 930 F. Supp. 474 (W.D. Wash. 1996). “§ 5 , providing general rules of construction for Acts of Congress, informs that corporate successors and assigns are included when “company” or “association” are used in reference to corporations. Id. at 486 . Mexico a remedial statute with two essential purposes: 1) to provide…”
United States v. CTS Holding, LLC, 2015 CIT 70 (Ct. Intl. Trade 2015). “) In turn, 1 U.S.C. § 5 states that the word “company” or “association,” when used in a federal statute, encompasses the “‘successors and assigns of such company or association, in like manner as if these last-named words of similar import, were expressed.”
United States v. Gen Battery Corp Inc (3rd Cir. 2005). “§ 9601 (21) (including “corporations” among the “persons” covered by CERCLA); 1 U.S.C. § 5 (providing, as a rule of interpretation, that “the word ‘company’ or ‘association’, when used in reference to a corporation, shall be deemed to embrace the words ‘successors and assigns of…”
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