TOWN OF CYRIL v. MOBIL OIL CORP.

No. 92-6373.

11 F.3d 996 (1993)

TOWN OF CYRIL, a municipal corporation, Plaintiff-Appellant, v. MOBIL OIL CORPORATION, a New York corporation; and Union Texas Petroleum Corporation, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 14, 1993.


Attorney(s) appearing for the Case

D. Craig Shew (Michael G. Smith, with him on the briefs), of Smith, Shew & Scrivner, P.C., Ada, OK, for plaintiff-appellant.

Gary W. Davis (Stephen L. Degiusti, with him on the brief), of Crowe & Dunlevy, Oklahoma City, OK, for defendant-appellee Mobil Oil Corp.

Kenneth N. McKinney (Robin F. Fields, with him on the brief), of McKinney, Stringer & Webster, P.C., Oklahoma City, OK, for defendant-appellee Union Texas Petroleum Corp.

Before LOGAN, SEYMOUR, and MOORE, Circuit Judges.


SEYMOUR, Circuit Judge.

The Town of Cyril, an Oklahoma municipality, brought this action against Mobil Oil Corporation and Union Texas Petroleum Corporation for contamination of the town's groundwater supply. The district court held the town's claims barred by the statute of limitations as a matter of law, and granted both defendants' motions for summary judgment. Town of Cyril appeals, and we reverse.

I.

In 1923, the Town of Cyril began operating...

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