YELLOW FREIGHT SYSTEM v. ACF INDUSTRIES

No. 64779.

882 S.W.2d 225 (1994)

YELLOW FREIGHT SYSTEM, INC., Appellant, v. ACF INDUSTRIES, INC., Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied July 28, 1994.

Application to Transfer Denied September 20, 1994.


Attorney(s) appearing for the Case

Russell W. Baker, Jr., James H. Andreasen and Samuel P. Logan, Spencer Fane Britt & Browne, Kansas City, for appellant.

Katherine Butler, Frank L. Pellegrini, Julie A. Emmerich, Luther & Butler, P.C., St. Louis, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied July 28, 1994.

KAROHL, Judge.

This case comes to us following dismissal of Yellow Freight System, Inc.'s petition seeking declaratory relief against ACF Industries, Inc. The trial court found that the Missouri statute relating to the cleanup of hazardous substances which create a public or environmental emergency, §§ 260.500 through 260.550 RSMo 1986, (hereinafter referred to as the Missouri...

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