United States Eighth Circuit

In a contribution action involving CERCLA cleanup costs for a Kansas City superfund site, a judgment requiring certain parties to pay appellee 90% of past response costs it incurred and to be responsible for 90% of future response costs is affirmed in part, but reversed in part where the district court abused its discretion in refusing to consider a motion to amend its cost allocation order based on settlements which appellee had obtained, a remand of a prejudgment interest issue for potential recalculation was required, and reallocation of a party's share to another was necessary.

Appellate Information

• Decided 01/04/2007
• Published 01/04/2007

Judges

• HANSEN, Circuit Judge., Before MURPHY, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stanley A. Reigel, argued, Kansas City, Missouri (Mark E. Johnson and W. Dennis Cross, on the brief), for appellant 05-2064., Joe B. Whisler, argued, Kansas City, MO, for appellant 05-2068., Stanley A. Reigel, Kansas City, Missouri, for appellant 06-1944.


• For Appellees:
  
• Brooks M. Beard, argued, San Francisco, California (Michele B. Corash, Christopher E. Babbitt, and Beth S. Brinkmann, on the brief), for appellee.