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IN RE DANT & RUSSELL, INC.

Nos. 89-35422, 89-35449.

951 F.2d 246 (1991)

In re DANT & RUSSELL, INC., et al., DANT & RUSSELL, INC., et al., Appellant, v. BURLINGTON NORTHERN RAILROAD CO., Appellee. DANT & RUSSELL, INC., et al., Appellant/Cross-Appellee, v. BURLINGTON NORTHERN RAILROAD CO., Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 17, 1991.

Attorney(s) appearing for the Case

Harry H. Schneider, Jr., Perkins Coie, Seattle, Wash., for appellee/cross-appellant.

Christopher R. Hermann, Stoel, Rives, Boley, Jones & Grey, Portland, Or., for appellant/cross-appellee.

Before GOODWIN, SCHROEDER and NOONAN, Circuit Judges.

GOODWIN, Circuit Judge:

This appeal arises out of the negative land value caused by industrial pollution of land leased from a railroad. Burlington Northern ("BN") filed a claim against the bankruptcy estate of Dant & Russell ("D & R"), seeking reimbursement for incurred and expected cleanup costs of a site owned by BN and leased to D & R. The bankruptcy court awarded BN approximately $7 million of the $14 million requested. Tenants other than D &...

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