United States First Circuit

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 has undertaken 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.

Appellate Information

• Decided 11/24/2009
• Published 11/24/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Gene C. Schaerr with whom Eric L. Hirschhorn, Andrew C. Nichols, Winston & Strawn LLP, and Robert B. Culliford were on brief for the appellant.


• For Appellees:
  
• John M. Stevens with whom Douglas M. McGarrah, Cicely O. Parseghian, Foley Hoag LLP, and Thomas F. Scott Darling III were on brief for the appellee.