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NEVADA POWER CO. v. MONSANTO CO.

No. 90-16179.

955 F.2d 1304 (1992)

NEVADA POWER CO., a Nevada corporation, Plaintiff-Appellant, v. MONSANTO COMPANY, a foreign corporation; General Electric Corporation, a foreign corporation; and Does I through XXV, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 5, 1992.

As Amended on Denial of Rehearing and Rehearing April 14, 1992.

Attorney(s) appearing for the Case

Paul Merrell and Charles H. McCrea, Bloomington, Ind., for plaintiff-appellant.

Bruce A. Featherstone, Kirkland & Ellis, Denver, Colo., for Monsanto.

Jeffrey Klein, Weil, Gotshal & Manger, New York City, for Westinghouse.

John Thorndal, Backus, Maupin & Armstrong, Las Vegas, Nev., for Monsanto & Westinghouse.

Before SKOPIL, PREGERSON and O'SCANNLAIN, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc April 14, 1992.

O'SCANNLAIN, Circuit Judge:

Nevada Power seeks to recover the costs of replacing electrical generating equipment that contained polychlorinated biphenyls ("PCB's"). We must determine whether Nevada Power's claims for fraud and failure to warn against its vendors are time-barred, and whether Nevada Power has stated a claim for implied equitable indemnification.

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