BURLINGTON NORTHERN AND SANTA FE RY. v. CARGILL, INC.

No. CIV. A. 98-2435-KHV.

76 F.Supp.2d 1155 (1999)

The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Plaintiff, v. CARGILL, INCORPORATED, et al., Defendants.

United States District Court, D. Kansas.

November 15, 1999.


Attorney(s) appearing for the Case

Heather S. Woodson, Stinson, Mag & Fizzell, P.C., Leawood, KS, Allison M. Murdock, Stephen J. Owens, Scott W. Tompsett, Stinson, Mag & Fizzell, P.C., Kansas City, MO, for Plaintiff.

Angela D. Gupta, Office of United States Attorney, Kansas City, KS, Carl H. Helmstetter, James T. Price, Elizabeth Brand Six, Teresa A. Woody, Kansas City, MO, for Defendant Cargill, Inc.

Mark D. Anstoetter, Catherine C. Whittaker, Blackwell Sanders Peper Martin LLP, Kansas City, MO, for Defendant Continental Grain Co.


MEMORANDUM AND ORDER

VRATIL, District Judge.

This matter comes before the Court on Defendant Cargill's Motion To Dismiss Count I Of Plaintiff's Complaint For Failure To State A Claim Upon Which Relief Can Be Granted (Doc. # 14) filed December 9, 1998. Plaintiff brings suit against defendants in part under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq. Plaintiff seeks...

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