Land Buyer Says $11M Superfund Tab Hinges On Claim Timing

Law360 (September 25, 2020, 6:56 PM EDT) -- A railroad land purchaser told the Seventh Circuit on Friday that a district court wrongfully saddled it with the entire $10.5 million bill to clean up a Superfund site in Wisconsin, saying the seller should be on the hook because a claim for payment was made within the purchasing agreement's indemnity period.

Per the October 1987 agreement between buyer Wisconsin Central Ltd. and Soo Line Railroad Co., Soo Line would indemnify WCL for all claims asserted for the first 10 years, and WCL would be responsible for claims made after that. During oral arguments, counsel for both railroads disputed when a...

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