Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Trinity Industries, Inc. (“Trinity”) sued Ashland, Inc. and ATEC, Inc. (collectively “Ashland”) *fn1 for damages arising out of Ashland’s sale of its subsidiary, Beaird Industries, Inc. (“Beaird”), to Trinity. *fn2 Ashland asserted third-party claims against Beaird. A jury found against Trinity on its claims against Ashland and against Ashland on its claims against Beaird, and the trial court rendered judgment, which Trinity now appeals. We will affirm the judgment.


On January 12, 1990, Trinity entered into a Purchase and Sale Agreement (the “Agreement”) with Ashland whereby Trinity would purchase all of the outstanding stock of Beaird. Beaird’s industrial plant is located in Shreveport, Louisiana, where it manufactures steel vessels and other equipment. The Agreement required Ashland to perform an environmental audit on the Beaird facility. Ashland retained the environmental engineering firm of Dames & Moore to assess environmental conditions at the Beaird facility. Dames & Moore prepared a preliminary environmental assessment, dated January 22, 1990. The final version, entitled “Environmental Assessment,” was completed on February 8, 1990. In its environmental assessment, Dames & Moore identified two areas of possible environmental contamination on the property: a storm-water ditch and a soil-stained area. Trinity responded to the February 8 environmental assessment by sending Ashland a letter detailing twenty items that Trinity wished resolved before it would complete the Beaird purchase.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

New Jersey Legal Awards (NJLA) 2022

September 29, 2022
Florham Park, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.

Learn More

New York Legal Awards 2022 (NYLA)

October 06, 2022
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Women, Influence & Power in Law Awards (WIPLA) 2022

October 18, 2022
Washington, DC

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.

Learn More

Litigation Associate

A well-respected regional law firm that has represented businesses in Tampa Bay for decades is seeking a commercial litigation associate to ...

Apply Now ›

Tax and T&E Attorney

The Tampa office of a highly-regarded regional law firm is seeking to add depth to their strong transactional team by adding experienced tax...

Apply Now ›

Employment Litigation Associate

A highly-regarded Tampa Bay labor and employment boutique that represents management is seeking an associate with 1-4 years of labor and em...

Apply Now ›



Chiesa Shahinian & Giantomasi : Commitment to the highest standards of service.

View Announcement ›


DR Web

Schulten Ward Turner & Weiss, LLP is pleased to announce that John Gracia has joined the firm as a partner.

View Announcement ›



WISNIEWSKI & ASSOCIATES LLC Takes pleasure in announcing that Civil Litigator DOUGLAS R. D ANTONIO has become a Partner of the Firm.

View Announcement ›