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MATTER OF CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC R. CO.

Nos. 92-3713, 92-3790.

3 F.3d 200 (1993)

In the Matter of CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Debtor. CMC HEARTLAND PARTNERS, Plaintiff-Appellant, Cross-Appellee, v. UNION PACIFIC RAILROAD, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 1993.

Attorney(s) appearing for the Case

Raymond H. Groble, III (argued), Ross & Hardies, Chicago, IL, for Union Pacific R. Co.

Michael D. Dabertin, Robert Wheeler (argued), Oppenheimer, Wolff & Donnelly, Chicago, IL, for CMC Heartland Partners.

James M. Amend, Kirkland & Ellis, Chicago, Michael L. Gesas, Gesas, Pilati & Gesas, Chicago, IL, for Chicago, Milwaukee, St. Paul and Pacific R. Co.

Before COFFEY and MANION, Circuit Judges, and ALDISERT, Senior Circuit Judge.

ALDISERT, Senior Circuit Judge.

We attempt again to reconcile the conflicting goals of environmental cleanup and a "fresh start" for bankruptcy debtors.

Presented in these cases, here and in other judicial circuits, is the important question whether debtors in bankruptcy who are charged with pollution in the past can be held liable for cleanup costs of hazardous waste at their former business sites.1 Generally, demands for contribution...

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