Legal Opinion
In the Matter of Chicago, Milwaukee, St. Paul & Pacific Railroad Company, Debtor. Cmc Heartland Partners, Cross-Appellee v. Union Pacific Railroad
Court of Appeals for the Seventh Circuit
Decided August 18, 1993No. 92-3713, 92-3790PublishedCited by 22 opinions
1Opinion of the Court
ALDISERT, Senior Circuit Judge.
We attempt again to reconcile the conflicting goals of environmental cleanup and a “fresh start” for bankruptcy debtors.
Presented in these cases, here and in other judicial circuits, is the important question whether debtors in bankruptcy who are charged with pollution in the past can be held liable for cleanup costs of hazardous waste at their former business sites. 1 Generally, demands for contribution and reimbursement are made after bankruptcy proceedings are either in advanced stages or have been completed; in these cases the debtors generally assert that…
2Cases cited9 opinions
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
- Ohio v. KovacsSupreme Court of the United States · 1985
- Penn Central Corp. v. United StatesSupreme Court of the United States · 1992
- In Re Robert Burns Jensen Rosemary Tooker Jensen, Debtors. California Department of Health Services v. Robert Burns Jensen Rosemary Tooker JensenCourt of Appeals for the Ninth Circuit · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In the Matter of CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Debtor. Appeal of CMC HEARTLAND PARTNERSCourt of Appeals for the Seventh Circuit · 1993
- Texaco Inc. v. Sanders (In Re Texaco Inc.)United States Bankruptcy Court, S.D. New York · 1995
- Am International, Inc. v. Datacard Corporation, Dbs, Inc., Addressograph Farrington, Inc.Court of Appeals for the Seventh Circuit · 1997
- Citizens Electric Corporation, as Representative of a Class v. Bituminous Fire & Marine Insurance CompanyCourt of Appeals for the Seventh Circuit · 1995
- In Re: The Duplan CorporationCourt of Appeals for the First Circuit · 2000
17 more not listed; retrieve them via the Exa API.