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ASARCO, LLC v. UNION PACIFIC R. CO.

No. 13-35356.

765 F.3d 999 (2014)

ASARCO, LLC, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD COMPANY, a Utah corporation; Union Pacific Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2014.

Attorney(s) appearing for the Case

Gregory Evans (argued) and Laura G. Brys , Integer Law Corporation, Los Angeles, California; Linda R. Larson , Russell C. Prugh , and Meline G. MacCurdy , Marten Law PLLC, Seattle, Washington, for Plaintiff-Appellant.

Carolyn McIntosh (argued) and Maxine Martin , Patton Boggs LLP, Denver, CO; Ausey H. Robnett III , Paine Hamblen LLP, Coeur d'Alene, Idaho; Gail L. Wurtzler , Davis Graham & Stubbs LLP, Denver, CO, for Defendants-Appellees.

Before: A. WALLACE TASHIMA and MARY H. MURGUIA, Circuit Judges, and CORMAC J. CARNEY, District Judge.

OPINION

CARNEY, District Judge:

ASARCO, LLC ("Asarco") appeals the district court's dismissal of its contribution action brought under § 113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601-9675. Asarco seeks to recover from Union Pacific Railroad Co. and Union Pacific Corp. (together, "Union Pacific") a share of $482 million in cleanup...

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