Legal Opinion

In the Matter of Chicago, Milwaukee, St. Paul & Pacific Railroad Company, Appeal of Washington State Department of Transportation

Court of Appeals for the Seventh Circuit

Decided August 25, 1992No. 91-2172PublishedCited by 69 opinions

1Opinion of the Court

HARLINGTON WOOD, Jr., Senior Circuit Judge.

The interface of bankruptcy laws and environmental laws has perplexed courts since the passage of the Comprehensive Environmental Response, Compensation,. and Liability Act (“CERCLA”). Years after the close of the bankruptcy reorganization of Chicago, Milwaukee, St. Paul & Pacific Railroad Company (“Milwaukee Road”), the Washington State Department’ of Transportation (“WSDOT”) filed a CERCLA claim against Milwaukee Road’s successor. This case requires us to balance the policies underlying-the bankruptcy laws and CERCLA in order to determine whether…

2Cases cited20 opinions

  1. York v. First Presbyterian ChurchSupreme Court of the United States · 1985
  2. Colleen A. Cote v. Peter J. Wadel and Wadel & Bulger, P.C.Court of Appeals for the Seventh Circuit · 1986
  3. Penn Central Corp. v. United StatesSupreme Court of the United States · 1992
  4. In the Matter of Unr Industries, Inc., Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1984
  5. In Re Johns-Manville Corp.United States Bankruptcy Court, S.D. New York · 1986

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3Cited by69 opinions

  1. In the Matter of CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Debtor. Appeal of CMC HEARTLAND PARTNERSCourt of Appeals for the Seventh Circuit · 1993
  2. Richard M. Fogel, as Trustee for the Estate of Madison Management Group, Inc. v. Samuel Zell, Appeal of City and County of DenverCourt of Appeals for the Seventh Circuit · 2000
  3. 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. 78 Fair empl.prac.cas. (Bna) 1019, 74 Empl. Prac. Dec. P 45,664 Robert H. Tice v. American Airlines, Inc.Court of Appeals for the Seventh Circuit · 1999
  5. Texaco Inc. v. Sanders (In Re Texaco Inc.)United States Bankruptcy Court, S.D. New York · 1995

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