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132830P.pdf   08/08/2014  ASARCO  v.  Union Pacific Railroad Company
   U.S. Court of Appeals Case No:  13-2830
   U.S. District Court for the District of Nebraska - Omaha   
[PUBLISHED] [Chief Judge Riley, Author, with Beam and Smith, Circuit Judges] Civil Case - CERCLA. Union Pacific's settlement with the EPA and Asarco's failure to object during the comment period or the district court's approval of the consent decree, protects Union Pacific from Asarco''s breach of contract and contribution claims and district court did not err in dismissing the collateral action. The district court correctly concluded Union Pacific did not waive the contribution protection under state law or breach the tolling agreement. Estoppel claim was not presented to the district court and thus that claim is forfeited.