Asarco v. Uprr

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ASARCO, LLC, No. 13-35356 Plaintiff-Appellant, D.C. No. v. 2:12-cv-00283- EJL UNION PACIFIC RAILROAD COMPANY, a Utah corporation; UNION PACIFIC CORPORATION, OPINION Defendants-Appellees, Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding Argued and Submitted July 10, 2014—Seattle, Washington Filed August 27, 2014 Before: A. Wallace Tashima and Mary H. Murguia, Circuit Judges, and Cormac J. Carney, District Judge.* Opinion by Judge Carney * The Honorable Cormac J.…