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BURLINGTON NORTHERN v. POOLE CHEMICAL CO., INC.

No. 04-11217.

419 F.3d 355 (2005)

BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, Plaintiff, v. POOLE CHEMICAL COMPANY, INC., Defendant-Third Party Plaintiff-Appellant, v. Skinner Tank Company; et al., Third Party Defendants, Skinner Tank Company, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 28, 2005.

Attorney(s) appearing for the Case

Richard Clark Harrist (argued), Thornton, Summers, Biechlin, Dunham &

Brown, San Antonio, TX, for Poole Chemical Co., Inc.

Richey Gene Strange (argued), Cotton, Bledsoe, Tighe & Dawson, Midland, TX, for Skinner Tank Co.

Before WIENER, DeMOSS, and PRADO, Circuit Judges.

PRADO, Circuit Judge:

This appeal requires the court to decide whether § 9658 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts the Texas statute of repose in a lawsuit involving a buyer's products liability claim. After considering that issue, the court concludes that § 9658 does not preempt the Texas statute of repose and affirms the judgment of the district court.

Background Facts

Appellant...

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