KANSAS CITY, Kan. (Legal Newsline) – A Massachusetts company alleges it did not cause the contamination of soil and groundwater at a site in Kansas and that it should bear no liability for its remediation.
Raytheon Co. filed a complaint on Aug. 8 in the U.S. District Court District of Kansas against NCR Corp., CECO Inc., and Maurice J. Edwards III as trustee of the Maurice J. Edwards Jr. Generation Skipping Trust citing the Resource Conservation and Recovery Act.
According to the complaint, the plaintiff alleges that it and NCR are under a December 2017 order from the Kansas Department of Health and Environment requiring an investigation and remediation of a facility in Wichita, Kansas. The plaintiff alleges the defendants contributed to the site's contamination, not it, and that it should bear no liability for its remediation.
The plaintiff is seeking declaration from the court regarding the rights and responsibilities of both it and the defendants concerning the contamination at the site and its abatement.
The plaintiff requests the court to compel defendants to abate the contamination, impose civil penalties for defendants’ willful failure and refusal to clean up the site, interest, attorneys’ fees, expert witness fees and other costs of litigation. It is represented by James F. Thompson and Dalton R. Mott of Shook, Hardy & Bacon LLP in Kansas City, Missouri.
U.S. District Court District of Kansas case number 2:18-cv-02402-CM-GEB