CONSOLIDATED COMPANIES v. UNION PACIFIC R. CO.

No. 06-30570.

499 F.3d 382 (2007)

CONSOLIDATED COMPANIES, INC., Plaintiff-Appellee, v. UNION PACIFIC RAILROAD CO., Individually & in its Capacity as Successor in Interest, aka Southern Pacific Transportation Co., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 28, 2007.


Attorney(s) appearing for the Case

Patrick John Hanna (argued), Rabalais, Hanna & Hebert, Lafayette, LA, for Plaintiff-Appellee.

Harry Alston Johnson, III (argued), Steven Jay Levine, Patrick O'Hara, Phelps Dunbar, Baton Rouge, LA, Suzanne Y. Echevarria, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, GARZA and BENAVIDES, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

In this case we granted an interlocutory appeal by Union Pacific Railroad Co. ("Union Pacific") under 28 U.S.C. § 1292(b) to determine whether the district court erred in defining the term "facility" for purposes of the claims brought by Consolidated Companies, Inc. ("Conco") under the Resource Conservation Recovery Act "RCRA", 42 U.S.C. §§ 6901, et seq., and the Louisiana...

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