DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.