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BANCAMERICA COMMERCIAL v. MOSHER STEEL OF KANSAS

Nos. 95-3385, 95-3396.

100 F.3d 792 (1996)

BANCAMERICA COMMERCIAL CORPORATION, a Pennsylvania corporation; Asarco, Inc., Plaintiffs-Appellees-Cross-Appellants, v. MOSHER STEEL OF KANSAS, INC., a Kansas corporation; Trinity Industries, Inc., a Texas corporation, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

November 13, 1996.

Attorney(s) appearing for the Case

Elizabeth Drill Nay (Thomas M. Martin with her, on the briefs) of Lewis, Rice & Fingersh, L.C., Kansas City, Missouri, for Bancamerica Commercial Corporation.

Earl K. Madsen of Bradley, Campbell, Carney & Madsen, Golden, Colorado, for Asarco, Incorporated.

Frederick W. Addison, III (Elizabeth E. Mack with him, on the briefs) of Locke Purnell Rain Harrell, Dallas, Texas, for Defendants-Appellants-Cross-Appellees.

Before PORFILIO, TACHA and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

After a series of settlements and party realignments, Plaintiffs Bancamerica Commercial Corp. ("Bancamerica") and ASARCO, Inc. ("ASARCO") sued Defendants Trinity Industries, Inc. and a subsidiary, Mosher Steel Co., (collectively "Trinity") under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for contribution to costs the Plaintiffs incurred in an environmental cleanup...

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