Raytheon Constructors v. Asarco Incorporated

Full title: RAYTHEON CONSTRUCTORS, INC., Plaintiff, v. ASARCO INCORPORATED, Defendant

Court: United States District Court, D. Colorado

Date published: Oct 12, 2000

Civil Action No. 96-N-2072 (D. Colo. Oct. 12, 2000)

Opinion

Civil Action No. 96-N-2072

October 12, 2000

ORDER

Judge Edward W. Nottingham

This matter is before the court on "ASARCO Incorporated's Calculation of Pre-Judgment C Interest." This court's Order and Memorandum of Decision entered on August 28, 2000, held Raytheon Constructors, Inc. liable for forty percent of ASARCO Incorporated's costs incurred in Phases 1, 2 and 3 of the Rawley Site cleanup. Forty percent of these costs amounts to $1,138,050.60. Pursuant to section 107(a)(4) of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C.A. § 9607(a)(4) (West 1995), ASARCO requests an award of prejudgment interest in the amount of $230,710.50. Raytheon Constructors, Inc. does not object to ASARCO's calculation. ("Raytheon Constructors, Inc.'s Resp. to ASARCO, Inc.'s Calculation of Prejudgment Interest" [filed Sept. 19, 2000].) Accordingly, ASARCO's request for an award of pre-judgment interest in the a mount of $230,710.50 is GRANTED.

Based on the foregoing it is therefore

ORDERED as follows:

1.ASARCO is entitled to an award of pre-judgment interest in the a mount of $230,710.50.

2. The clerk shall forthwith enter a final judgment in this case reflecting the court's rulings.