ASARCO, LLC v. UNION PACIFIC R. CO.

No. 13-2830.

762 F.3d 744 (2014)

ASARCO, LLC, Plaintiff-Appellant v. UNION PACIFIC RAILROAD COMPANY, a Utah corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 8, 2014.


Attorney(s) appearing for the Case

Gregory Evans , argued, Los Angeles, CA ( David Alan Blagg , Terry J., Grennan , Omaha, NE, Laura G. Brys , Los Angeles, CA, on the brief), for appellant.

Carolyn Mcintosh , argued, Denver, CO ( William Maxwell Lamson, Jr. , Jason W. Grams , Omaha, NE, Christa Lee Rock , Denver, CO, on the brief), for appellee.

Before RILEY, Chief Judge, BEAM and SMITH, Circuit Judges.


RILEY, Chief Judge.

Two companies with a business relationship dating back to the nineteenth century call upon us to resolve their dispute about environmental liability for a lead refinery and smelter — once among the world's largest — which polluted Omaha, Nebraska, for over a hundred years. The former American Smelting and Refining Company, today known simply as ASARCO, LLC (Asarco), claims the Union Pacific Railroad Company (UP) has contributed too...

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