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MARATHON OIL CO. v. TEXAS CITY TERMINAL RY. CO.

No. Civ.A. G-01-336.

164 F.Supp.2d 914 (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; United States Department of Commerce; and United States Department of Defense, Defendants.

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

September 24, 2001.

Attorney(s) appearing for the Case

John Roy Brown, Houston, TX, for plaintiffs.

William J. Jackson, May Day, Houston, TX, for Texas City Terminal Railway Co., defendant.

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

David Elias Cowen, Douglas W. Poole, McLeod Alexander, Galveston, TX, for Burlington Northeern Santa Fe Corp., defendant.

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

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

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS 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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