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U.S. v. BRODERICK INV. CO.

Civil Action No. 86-Z-369.

963 F.Supp. 951 (1997)

UNITED STATES of America, Plaintiff, and State of Colorado, Intervenor, v. BRODERICK INVESTMENT COMPANY, Tom Connolly as Trustee, and Burlington Northern Railroad Company, Defendants.

United States District Court, D. Colorado.

May 15, 1997.

Attorney(s) appearing for the Case

Stephen Taylor, Assistant U.S. Attorney, Denver, CO, Jerel L. Ellington, Environment & Natural Resources Div., Environmental Enforcement Section, Denver, CO, Richard L. Sisk, Office of Regional Counsel, U.S. Environmental Protection Agency, Region VIII, Denver, CO, for plaintiff.

Robert Eber, Attorney General's Office, Natural Resources Section, Denver, CO, for intervenor.

Gary E. Parish, Robert J. Potrykus, Jr., LeBoeuf, Lamb, Greene & MacRaie, L.L.P., Denver, CO, for defendant Burlington.

MEMORANDUM OPINION AND ORDER

WEINSHIENK, District Judge.

The matter before the Court concerns the liability of Burlington Northern Railroad Company (BN) to the United States and the State of Colorado for clean-up costs associated with the Broderick Wood Products Site (Site) located near Denver, Colorado. In an Opinion filed February 25, 1997, the Court determined that BN was liable for a portion of the response costs incurred by plaintiffs pursuant to the...

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