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PLAZA SPEEDWAY INC. v. U.S.

No. 01-3186.

311 F.3d 1262 (2002)

PLAZA SPEEDWAY INC., Plaintiff-Appellee, v. UNITED STATES of America; Department of the Army, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 27, 2002.

Attorney(s) appearing for the Case

Adam Bain, Trial Attorney, Tort Branch, Washington, DC, United States Department of Justice, Washington, DC (Robert McCallum, Jr., Assistant Attorney General, Civil Division and J. Patrick Glynn, Director, Torts Branch, Civil Division, United States Department of Justice, Washington, DC; James E. Flory, United States Attorney and Robin B. Moore, Assistant United States Attorney, District of Kansas, with him on the briefs), for Defendants-Appellants.

Randall K. Rathbun, Depew & Gillen, L.L.C., Wichita, KS, for Plaintiff-Appellee.

Before LUCERO, PORFILIO and MURPHY, Circuit Judges.

JOHN C. PORFILIO, Senior Circuit Judge.

Plaintiff Plaza Speedway, Inc. (Speedway), operator of a dirt racetrack adjacent to the Marshall Army Airfield at Fort Riley, Kansas, brought this Federal Tort Claims Act (FTCA) and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) action against the United States contending the Army had contaminated Speedway's groundwater and soil. The suit was based upon activities at the airfield which the Government...

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