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MARATHON OIL CO. v. TEXAS CITY TERMINAL RY.

No. G-01-336.

172 F.Supp.2d 897 (2001)

MARATHON OIL COMPANY and Marathon Ashland Petroleum, L.L.C. Plaintiffs, v. TEXAS CITY TERMINAL RAILWAY COMPANY d/b/a "The Port of Texas City"; BP Amoco Corporation; Missouri Pacific Railroad Company; Burlington Northern Santa Fe Corporation; Universal Oil Products Company, United States Department of Commerce; and United States Department of Defense Defendants.

United States District Court, S.D. Texas, Galveston Division.

November 19, 2001.

Attorney(s) appearing for the Case

John Roy Brown, Houston, TX, for plaintiffs.

William J. Jackson, Connelly, Baker, et al., Houston, TX, for Texas City Terminal Railway Co.

Richard Austin Schwartz, Schwartz, Junell, et al., Houston, TX, for BP Amoco Corp.

David Elias Cowen, Douglas W. Poole, McLeod, Alexander, et al., Galveston, TX, for Burlington Northern Santa Fe Corp.

A. Kay Roska, Thompson & Knight, Dallas, TX, for Universal Oil Products Co.

Angeline A. Purdy, U.S. Dept. of Justice, Environmental Defense Section, Washington, DC, for U.S. Dept. of Defense.

ORDER GRANTING DEFENDANT UNIVERSAL OIL PRODUCTS' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED

KENT, District Judge.

Plaintiffs Marathon Ashland Petroleum L.L.C. ("Marathon Ashland") and Marathon Oil Company ("Marathon Oil") bring this suit pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9607(a), 42 U.S.C. § 9613(f)(1), the Citizens...

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