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United States Fifth Circuit


Burlington Northern v. Skinner Tank Co., 04-11217

Section 9658 of the Comprehensive Environmental Response, Compensation, and Liability Act does not preempt the Texas statute of repose in a lawsuit involving a buyer's products liability claim.

Appellate Information

  • Decided 07/28/2005
  • Published 07/28/2005

Judges

  • PRADO, Circuit Judge:, Before WIENER, DeMOSS, and PRADO, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Richard Clark Harrist (argued), Thornton, Summers, Biechlin, Dunham & Brown, San Antonio, TX, for Poole Chemical Co., Inc., Richey Gene Strange (argued), Cotton, Bledsoe, Tighe & Dawson, Midland, TX, for Skinner Tank Co.

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