Judge Tosses Marathon's Superfund Claim

Law360, New York (March 18, 2008, 12:00 AM EDT) -- A district court has thrown out a claim brought by Marathon Petroleum Co. under the Superfund law against a company that had inspected a rail car involved in a toxic spill. However, the judge left the company's common-law claims intact.

Judge Robert Chambers of the U.S. District Court for the Southern District of West Virginia said Friday that the inspection company, Rescar Inc., could not be held liable under the Comprehensive Environmental Response, Compensation and Liability Act, better known as Superfund, because Rescar was not a...
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