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MONTANA POLE & TREATING PLANT v. I.F. LAUCKS AND CO.

No. CV-86-147-BU-PGH.

775 F.Supp. 1339 (1991)

MONTANA POLE & TREATING PLANT and Torger L. Oaas, Plaintiffs, v. I.F. LAUCKS AND COMPANY, Monsanto Chemical Company, Reichold Chemicals, Inc. and Dow Chemical Company, and Chapman Chemical Company, and Does 1 through 50, Defendants.

United States District Court, D. Montana, Butte Division.

August 15, 1991.

Attorney(s) appearing for the Case

Torger S. Oaas, Jr., Lewistown, Mont., Bernard J. Allard, Popelka, Allard, McCowan & Jones, San Jose, Cal., for plaintiffs.

Dolphy O. Pohlman, Corette Smith Pohlman & Allen, Butte, Mont., Bruce A. Featherstone, Scott R. Bauer, Kirkland & Ellis, Denver, Colo., for Monsanto Chemical Co.

P. Keith Keller Keller, Reynolds, Drake, Sternhagen & Johnson, Helena, Mont., for Dow Chemical.

MEMORANDUM AND ORDER

HATFIELD, Chief Judge.

BACKGROUND

From 1946 through 1984, Montana Pole & Treating Plant ("Montana Pole") owned and operated a wood-treating facility in Butte, Montana. Montana Pole's wood-treating process utilized the preservative pentachlorophenol ("penta"), which was mixed with various petroleum products. The process generated waste penta, which Montana Pole disposed of in a manner that ultimately contaminated the real...

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