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ESTATE OF MONTAG v. T H AGRICULTURE

No. 92-1971.

509 N.W.2d 469 (1993)

The ESTATE OF Ken MONTAG, By and Through its Legal Representative, Sandra MONTAG a/k/a Sandra Grant, Appellant, v. T H AGRICULTURE & NUTRITION COMPANY, INC. f/k/a Thompson-Hayward Chemical Company, A Corporation; Monsanto Company, A Corporation; Wright County Rural Electric Cooperative, A Cooperative; and Monona County Rural Electric Cooperative, A Cooperative, Appellees.

Supreme Court of Iowa.

December 22, 1993.

Attorney(s) appearing for the Case

Marc A. Humphrey and James R. McCreight of Humphrey and Haas, P.C., Des Moines, and Duane C. Miller of Miller and Rolfe, Sacramento, CA, for appellant.

Donald H. Carlson of Riordan, Crivello, Carlson, Mentkowski & Steeves, S.C., Milwaukee, WI, and Guy R. Cook of Grefe & Sidney, Des Moines, for appellee T H Agriculture & Nutrition Co., Inc.

E. Ralph Walker, Charles J. Kalinoski, Margaret M. Chaplinsky, and David J. Darrell of Brown, Winick, Graves, Donnelly, Baskerville & Schoenebaum, Des Moines, for appellee Monsanto Co.

John E. Orrell, Jr. of Hopkins & Huebner, P.C., Des Moines, for appellee Wright County Rural Elec. Co-op.

Fred L. Dorr of Wasker, Dorr, Wimmer & Marcouiller, P.C., Des Moines, for appellee Monona County Rural Elec. Co-op.

Considered by McGIVERIN, C.J., and LARSON, CARTER, SNELL and TERNUS, JJ.

LARSON, Justice.

Kenneth Montag contracted liposarcoma, or soft tissue cancer, allegedly caused by his exposure to a toxic chemical during his employment in the early 1960s. In 1991 Montag filed suit against the parties he claimed were responsible for his exposure. He died later in 1991, and his estate was substituted as plaintiff. The defendants moved for summary judgment on the ground that the suit was time-barred by the two-year limitation of Iowa Code section...

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