Paper Co., BNSF Fail To Get Superfund Suit Tossed

Law360, New York (May 28, 2009, 12:00 AM EDT) -- Superfund litigation over a wood treatment facility in Minnesota will continue against International Paper Co. and Burlington Northern and Santa Fe Railway Co., after a federal judge left it for a jury to decide whether the claims against the companies are barred by a statute of limitations.

In an order filed Wednesday in the U.S. District Court for the District of Minnesota, Judge Patrick Schiltz denied the two defendants' motion for summary judgment, ruling that although International Paper and BNSF “have a reasonable statute of limitations...
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