Boston & Maine Corp. v. Massachusetts Bay Transp. Auth., No. 09-1185

In a suit filed by a railroad operator (B&M) seeking to enjoin the Massachusetts Bay Transportation Authority (MBTA) from making its Chapter 21E contribution claims against B&M for 95 percent of $15,340,810 for past costs and 95 percent of all future costs, as contribution for certain cleanup activities MBTA undertook at the railroad terminal operated by B&M some twenty-one years ago, district court's judgment is reversed and the appeals court directs entry of judgment for B&M as the MBTA's contribution claims under Chapter 21E for contamination prior to a 1983 discharge from bankruptcy were barred as a matter of law by a Consummation Oder.     

Read Boston & Maine Corp. v. Massachusetts Bay Transp. Auth., No. 09-1185

Appellate Information

Appeal from the United States District Court for the District of Puerto Rico

Decided November 23, 2009

Judges

Before:  Lynch, Chief Judge, Torruella, and Howard, Circuit Judges

Opinion by Lynch, Chief Judge

Counsel

For Appellant:  Gene C. Schaerr, Eric L. Hirschhorn, Andrew C. Nichols, Winston & Strawn LLP, and Robert B. Culliford

For Appellee:  John M. Stevens, Douglas M. McGarrah, Cicely O. Parseghian, Foley Hoag LLP, and Thomas F. Scott Darling III