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Pneumo Abex Corp. v. Bessemer & Lake Erie R.R.

ELR Citation: 27 ELR 20241
Nos. 2:94cv716, 936 F. Supp. 1274/(E.D. Va., 09/12/1996) settlement approved

The court approves settlements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability of customers of a foundry and certain owners of land at the foundry site to the owners of other land at the site. The court first holds that it will only address claims under CERCLA, the substantive statute of this action, and declines to address claims relating to operable units other than the unit it has already considered. Claims arising out of express contract are unaffected by the court's order dismissing claims against the settling defendants. The court adopts the principles of the Uniform Comparative Fault Act and finds that 19.9 percent of the share of liability of all defendants is attributable to the settling defendants. The court dismisses all pending contribution claims against the settling defendants for response costs incurred at the site and bars all future claims for contribution against the settling defendants regarding the site. Finally, the court dismisses the settling defendants with prejudice from this action.

[A prior opinion in this litigation is published at 26 ELR 21224. A related opinion is published at 27 ELR 20230.]

Counsel for Plaintiffs
Albert J. Birkbeck
Zevnik Horton Guibord & McGovern
77 W. Wacker Dr., 33d Fl., Chicago IL 60601
(312) 977-2500

Counsel for Defendants
Jennifer S. Blank
Reed, Smith, Shaw & McClay
1200 18th St. NW, Washington DC 20036
(202) 457-6100