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U.S. v. UNION SCRAP IRON & METAL

Civ. No. 4-89-40.

123 B.R. 831 (1990)

UNITED STATES of America, Plaintiff, v. UNION SCRAP IRON & METAL, et al., Defendants, Third-Party Plaintiffs, v. SOO LINE RAILROAD COMPANY, et al., Third-Party Defendants.

United States District Court, D. Minnesota, Fourth Division.

December 26, 1990.

Attorney(s) appearing for the Case

Alan Held, U.S. Dept. of Justice, Washington, D.C., for plaintiff.

Nannette Everson, McBride Baker & Coler, Chicago, Ill., for defendant Taracorp Industries, Inc.

Paul Vaaler, Faegre & Benson, Minneapolis, Minn., for defendant N.L. Industries, Inc.

Charles B. Rogers, Briggs & Morgan, Minneapolis, Minn., for defendant Johnson Controls, Inc.

MEMORANDUM OPINION AND ORDER

DIANA E. MURPHY, District Judge.

Defendant Taracorp Industries, Inc. (Taracorp) seeks dismissal from this suit by the United States for recovery of response costs incurred by the government pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9607. Taracorp brought this motion under Fed.R.Civ.P. 12(b)(6); but, having introduced matters outside the pleadings in...

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