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ASARCO LLC v. UNION PACIFIC R. CO.

No. 13-1435.

755 F.3d 1183 (2014)

ASARCO LLC, a Delaware limited liability company, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD COMPANY, a Delaware corporation; Union Pacific Corporation, A Utah corporation; Pepsi-Cola Metropolitan Bottling Co., Inc., a New Jersey corporation; Bottling Group, LLC, a Delaware limited liability company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 23, 2014.

Attorney(s) appearing for the Case

E. Duncan Getchell, Jr. of McGuire Woods, LLP, Richmond, VA, ( Gregory Evans and Laura G. Brys of Integer Law Corporation, Los Angeles, CA; Stephen A. Bain and Samuel S. Bacon of Welborn Sullivan Meck & Tooley, P.C., Denver, CO, on the briefs), for Plaintiff-Appellant.

Carolyn McIntosh of Patton Boggs LLP, Denver, CO, ( Christa Lee Rock of Patton Boggs LLP; Jonathan H. Steeler , Julie A. Rosen and Richard C. Kaufman of Ryley Carlock & Applewhite, Denver, CO, with her on the brief), for Defendants-Appellees.

Before BRISCOE, Chief Judge, McKAY and PHILLIPS, Circuit Judges.

BRISCOE, Chief Judge.

The plaintiff, ASARCO LLC ("ASARCO"), appeals the district court's dismissal of its complaint. ASARCO sought contribution from Union Pacific Railroad Company, Union Pacific Corporation (collectively "Union Pacific"), Pepsi-Cola Metropolitan Bottling Co., Inc., and Bottling Group, LLC (collectively "Pepsi") under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). The district court ruled that ASARCO's direct...

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