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ATCHISON, TOPEKA & SANTA FE RY. v. BROWN & BRYANT

No. 96-15529.

132 F.3d 1295 (1997)

ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; Southern Pacific Transportation Company, a Delaware corporation, Plaintiffs-Appellants, v. BROWN & BRYANT, INC., Defendant, and PureGro Company, a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 30, 1997.

Attorney(s) appearing for the Case

Robert M. Lichtman, Banchero & Lasater, San Francisco, California, for plaintiffs-appellants.

Francis J. Balint, Jr., Bonnett, Fairbourn, Friedman & Balint, Phoenix, Arizona, April V. Pearson, Brea, California, and Diane E. Shell, of Shell & Associates, Roseville, California, on the brief, for defendant-appellee.

Jerry L. Anderson and Gregory C. Sisk, Drake University Law School, Des Moines, Iowa, for the amicus curiae.

Before: HUG, Chief Judge, GOODWIN and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

The Atchison, Topeka & Santa Fe Railway Company and Southern Pacific Transportation Company (the "Railroads") are responsible parties under CERCLA1 for soil contamination on property they leased to Brown & Bryant ("B & B"), an agricultural chemical company. The Railroads brought this action against PureGro, a B & B competitor that purchased many of B & B's assets, alleging that PureGro...

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