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ASARCO LLC v. UNION PACIFIC RAILROAD COMPANY

No. 8:12CV416.

ASARCO LLC, a Delaware corporation; Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, a Utah corporation; Defendant.

United States District Court, D. Nebraska.

July 1, 2013.

Attorney(s) appearing for the Case

Asarco LLC, Plaintiff, represented by Amy M. Locher , CASSEM, TIERNEY LAW FIRM, David A. Blagg , CASSEM, TIERNEY LAW FIRM, Gregory L. Evans , INTEGER LAW CORPORATION, James G. Warren , INTEGER LAW CORPORATION, Jeffrey L. Willis , SNELL, WILMER LAW FIRM, Michael F. Kinney , CASSEM, TIERNEY LAW FIRM, Patrick J. Paul , SNELL, WILMER LAW FIRM & Robert A. Henry , SNELL, WILMER LAW FIRM.

Union Pacific Railroad Company, Defendant, represented by Carolyn L. McIntosh , PATTON, BOGGS LAW FIRM, Michael O. Connelly , CONNELLY, BAKER LAW FIRM, Norton A. Colvin, Jr. , COLVIN, CHANEY LAW FIRM & William M. Lamson, Jr. , LAMSON, DUGAN LAW FIRM.

MEMORANDUM AND ORDER

JOSEPH F. BATAILLON, District Judge.

This matter is before the court on the defendant's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Filing No. 51. Plaintiff Asarco filed this action seeking contribution against Union Pacific Railroad Company pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. ("CERCLA"), for environmental liability related to the Omaha...

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