The Herald, Sharon, Pa.

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September 26, 2012

Judge puts Trinity lawsuit on hold

Herald staff

GREENVILLE — A federal judge has put a lawsuit concerning the cleanup of contaminated industrial property in Hempfield Township on hold while a similar suit is pending in an appellate court.

Trinity Industries Inc., Dallas, which made railcars at the site from 1986 through 2000, filed separate suits against Chicago Bridge and Iron, which made industrial tanks on part of the property from 1911 through 1983, and Greenlease Holding Co./Ampco-Pittsburgh Corp., which made railcars on the rest of the property from the 1920s through 1986, alleging those predecessor companies should help pay for the cleanup because they were partly responsible for the hazardous chemicals that remain.

In April, U.S. District Court Judge Gary L. Lancaster, Pittsburgh, ruled in favor of CBI, but said Trinity could press its case in state court. While Trinity in July did file a lawsuit in Mercer County Common Pleas Court, it also appealed Lancaster’s decision to the U.S. Court of Appeals for the Third Circuit, Philadelphia.

Two weeks ago, another federal judge in Pittsburgh, Joy Flowers Conti, denied motions for judgment in the Greenlease-Ampco case.

“The holding of the court of appeals in the Chicago Bridge case may be dispositive of the issues raised in this case,” she said.

Conti added that the parties can file new motions for summary judgment after the appellate court rules in the CBI case.

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