SOO LINE R. CO. v. B.J. CARNEY & CO.

Civ. 4-92-161.

797 F.Supp. 1472 (1992)

SOO LINE RAILROAD COMPANY, a Minnesota corporation, individually and on Behalf of the State of Minnesota, Plaintiff, v. B.J. CARNEY & COMPANY, a Nevada corporation; William Davenport, Luther Fendler, Jerome Nevin, Charlee O'Malley and Marvin Soehern, officers and directors of B.J. Carney & Company, as trustees of B.J. Carney & Company; B.J. Carney & Company Limited Partnership, a Washington limited partnership, as successor in interest to B.J. Carney & Company; U.S. Bank of Washington, as trustee of the Testamentary Trust of Milo P. Flannery fbo Jerome F. Nevin; U.S. Bank of Washington, as trustee of the Testamentary Trust of Milo P. Flannery fbo Charlee O'Malley; William Davenport, Luther Fendler and U.S. Bank of Washington, as trustees of the Living Family Trust of Maud O. Flannery fbo Jerome F. Nevin; William Davenport, Luther Fendler and U.S. Bank of Washington, as trustees for the Living Family Trust of Maud O. Flannery fbo Charlee O'Malley; U.S. Bank of Washington, as trustee of the Testamentary Trust of Aileen Flannery Nevin, Fund B fbo Jerome F. Nevin and Charlee O'Malley; U.S. Bank of Washington, as trustee of the Testamentary Trust of Aileen Flannery Nevin, Fund A fbo John C. Nevin together as general partners of B.J. Carney Limited Partnership; E.L. Rehn, William Davenport, Luther Fendler, as personal representatives of the Estate of John C. Nevin, Jerome Nevin, Charlee O'Malley, Gonzaga University and Gonzaga Preparatory School, as limited partners of B.J. Carney & Company Limited Partnership; and Marion Wilson and E.L. Rehn, William Davenport and Luther Fendler, as personal representatives of the Estate of John C. Nevin, individually; Defendants.

United States District Court, D. Minnesota.

June 23, 1992.


Attorney(s) appearing for the Case

Wayne G. Popham, Thomas W. MacLeod, III, Bryan J. Leary, Popham, Haik, Schnobrich & Kaufman, Minneapolis, Minn., for plaintiff.

Delmar R. Ehrich, Douglas A. Holmberg, Faegre & Benson, Janet Pollish, Donohue & Rajkowski, Minneapolis, Minn., for defendants.


MEMORANDUM AND ORDER

MacLAUGHLIN, Chief Judge.

This matter is before the Court on defendants' motion to dismiss for failure to state a claim upon which relief may be granted. The motion will be denied.

FACTS

This action arises out of the alleged contamination of the Humboldt Yard property (the site) in Minneapolis. Plaintiff Soo Line Railroad Company (Soo Line) owned a parcel of property that...

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