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FARMLAND INDUSTRIES v. MORRISON-QUIRK GRAIN CORP.

Nos. 92-1322, 92-1390.

987 F.2d 1335 (1993)

FARMLAND INDUSTRIES, INC., Appellee/Cross-Appellant, v. MORRISON-QUIRK GRAIN CORPORATION, a dissolved Nebraska corporation; Morrison Enterprises, a Nebraska partnership, Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 8, 1993.

Rehearing Denied May 11, 1993.

Attorney(s) appearing for the Case

William T. Session, Kansas City, MO, argued (Richard H. Ralston and Miriam Glueck, Kansas City, MO, and Scott Davis, Lincoln, NE, on brief), for appellants.

Alvin D. Shapiro, Kansas City, MO, argued (Terry R. Wittler, Lincoln, NE and Edmund S. Gross, Kansas City, MO, on brief), for appellee.

Before FAGG, BEAM, and HANSEN, Circuit Judges.

BEAM, Circuit Judge.

Morrison Enterprises and Farmland Industries1 appeal from jury verdicts denying them indemnity for response costs incurred under the Comprehensive Environmental Response Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (CERCLA). The facts of this case were hotly contested, both at trial and on appeal. Some facts, however, are uncontroverted, and these facts form the basis for our decision. We therefore...

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