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ASARCO LLC v. GOODWIN

Docket No. 13-3954-cv.

756 F.3d 191 (2014)

ASARCO LLC, Plaintiff-Appellant, v. Neva R. GOODWIN, S. Parkman Shaw, and William A. Truslow, as Trustees of the Trust under Article Second of the Will and Codicils of John D. Rockefeller for the benefit of John de Cuevas and his descendants, and as Trustees of the Trust under Article Second of the Will and Codicils of John D. Rockefeller for the benefit of Elizabeth de Cuevas and her descendants, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 25, 2014.

Attorney(s) appearing for the Case

E. Duncan Getchell, Jr. ( Eugene E. Matthews III , Richard C. Beaulieu , K. Elizabeth Sieg , on the brief), McGuire-Woods LLP, Richmond, VA; Dion W. Hayes , Marshall Biel , on the brief, McGuireWoods LLP, New York, NY; Gregory Evans , on the brief, Integer Law Corporation, Los Angeles, CA, for Plaintiff-Appellant.

Edward M. Grauman , Beveridge & Diamond, P.C., Austin, TX ( Stephen L. Gordon and Megan R. Brillault , Beveridge & Diamond, P.C., New York, NY, on the brief), for Defendants-Appellees.

Before: KEARSE, JACOBS, and LYNCH, Circuit Judges.

GERARD E. LYNCH, Circuit Judge.

This case requires us to decide whether, in 2014, the Trustees of the residuary trust created by the will of John D. Rockefeller Sr. in 1937 may be made to contribute to cleanup costs of environmental contamination allegedly caused by corporations controlled by Rockefeller in Washington State between 1892 and 1903. The answer to that question turns on a number of provisions of federal and state...

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