Legal Opinion
Morrison Enterprises v. McShares, Inc.
Court of Appeals for the Tenth Circuit
Decided August 1, 2002No. 98-3219, 98-3229PublishedCited by 41 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
After a bench trial, the district court granted defendant judgment in plaintiffs suit under the Comprehensive Environmental, Response, Compensation, and Liability Act of 1980 (“CERCLA”),'42 U.S.C. §§ 9601-9675. We conclude that the district court failed to grant plaintiff a presumption to which he was entitled under CERCLA. Exercising our jurisdiction pursuant to 28 U.S.C. § 1291, we reverse the judgment of the district court and remand for further proceedings.
I
Plaintiff, Morrison Enterprises (“Morrison”), is a general partnership that owns land in Salina, Kansas,…
2Cases cited15 opinions
- Gene S. Jacobsen, and Cross-Appellee v. Deseret Book Company, a Utah Corporation Dean Hughes, AndCourt of Appeals for the Tenth Circuit · 2002
- Simms v. Oklahoma Ex Rel. Department of Mental Health & Substance Abuse ServicesCourt of Appeals for the Tenth Circuit · 1999
- Akzo Coatings, Incorporated, and the O'Brien Corporation v. Aigner Corp.Court of Appeals for the Seventh Circuit · 1994
- Nutrasweet Company, and Monsanto Company v. X-L Engineering Company, and Paul T. Prikos, IndividuallyCourt of Appeals for the Seventh Circuit · 2000
- Centerior Service Company General Electric Company Ashland Oil, Incorporated v. Acme Scrap Iron & Metal CorporationCourt of Appeals for the Sixth Circuit · 1998
10 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- United States v. W.R. Grace & Co. Kootenai Development, Corporation W.R. Grace & Co. Conn.Court of Appeals for the Ninth Circuit · 2005
- Young v. United StatesCourt of Appeals for the Tenth Circuit · 2005
- Carson Harbor Village, Ltd. v. Unocal Corp.District Court, C.D. California · 2003
- Chevron Mining Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 2017
- Dico, Inc. v. Amoco Oil Company, Chevron Chemical Company Monsanto Company Shell Oil Company Bayer CorporationCourt of Appeals for the Eighth Circuit · 2003
36 more not listed; retrieve them via the Exa API.