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K.C. 1986 Ltd. Partnership v. Reade Manufacturing

ELR Citation: 37 ELR 20009
Nos. Nos. 05-2064 et al., (8th Cir., 01/04/2007) Aff

The court affirmed in part and reversed in part a lower court judgment requiring certain parties to pay a past operator 90% of past and future response costs it incurred and will incur at the Armour Road Superfund site in Kansas City, Missouri. The district court abused its discretion in refusing to amend its allocation order before final judgment was entered to credit the pretrial settlements obtained by the past operator from the U.S. Environmental Protection Agency and private entities against the judgment. In addition, the court remanded the district court's calculation of prejudgment interest, but it found no abuse of discretion in the district court's determination of the prejudgment interest accrual dates. Last, the district court erred as a matter of law in granting summary judgment against one of the parties and holding it liable as a successor corporation. Its share must therefore be reallocated to another party. All other aspects of the decision were affirmed.

[A prior court decision in this litigation is published at 35 ELR 20097.]