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

Nos. 91-36024, 91-36101.

993 F.2d 676 (1993)

MONTANA POLE & TREATING PLANT and Torger L. Oaas, Plaintiff-Appellant, v. I.F. LAUCKS AND COMPANY; Monsanto Chemical Company, Reichhold Chemicals, Inc.; Dow Chemical Company, Inc., Defendants-Appellees. MONTANA POLE & TREATING PLANT and Torger L. Oaas, Plaintiff-Appellee, v. I.F. LAUCKS AND COMPANY; Monsanto Chemical Company, Defendants, Reichhold Chemicals, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 10, 1993.

Attorney(s) appearing for the Case

Bruce A. Featherstone, and C. Erika Zimmer, Kirkland & Ellis, Denver, CO, Dolphy O. Pohlman, Corette, Pohlman, Allen, Black & Carlson, Butte, MT, Edward B. Fitzpatrick, III, Legal Dept., The Dow Chemical Co., Midland, MI, C. Michael Montgomery, Green, Jarvis, Kolodny & Markusson, Denver, CO, Peter D. Braun, Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, NY, Steven S. Carey, Garlington, Lohn & Robinson, Missoula, MT, P. Keith Keller, Keller, Reynolds, Drake, Johnson & Gillespie, Helena, MT, for defendants-appellants.

Patti A. Goldman, Public Citizen Litigation Group, Washington, DC, Torger S. Oaas, Lewistown, MT, for plaintiff-appellee.

Before: WRIGHT, THOMPSON and KLEINFELD, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

A little knowledge is a dangerous thing. It may also prove costly. Montana Pole & Treating Plant appeals the district court's summary judgment ruling that its property damage claims were time-barred. Montana Pole knew of chemical contamination of its property by 1983 but did not file suit until late 1986, after the statute of limitations had run. It simply waited too long. We affirm.

BACKGROUND:

Montana...

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