Asarco Says It Didn't Waive Cemex Claim In $19M Cleanup Row

Law360, Houston (April 25, 2013, 8:37 PM ET) -- Asarco LLC told a Texas federal court Monday that it preserved in bankruptcy court its right to pursue litigation against Cemex Inc. for its share of $19 million in environmental cleanup costs associated with a Superfund site that both companies allegedly polluted.

In its response to Cemex’s motion for summary judgment, Asarco urged U.S. District Judge Philip R. Martinez not to dismiss the case, arguing that the Fifth Circuit’s requirement that a debtor’s bankruptcy plan contain a "specific and unequivocal" reservation of a cause of action...
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