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TOWER ASPHALT v. DETERMAN WELDING

No. C9-94-1836.

530 N.W.2d 872 (1995)

TOWER ASPHALT, INC., Appellant, v. DETERMAN WELDING AND TANK SERVICE, INC., Respondent, Joseph Steven Puchtel, Individually and d/b/a Steve's Oil Company, et al., Defendants.

Court of Appeals of Minnesota.

Review Denied June 29, 1995.

Attorney(s) appearing for the Case

Charles K. Dayton, William H. Koch, Leonard, Street and Deinard, Minneapolis, for appellant Tower Asphalt, Inc.

Timothy R. Thornton, Diane B. Ray, Briggs & Morgan, Minneapolis, for respondent Determan Welding and Tank Service, Inc.

Considered and decided by NORTON, P.J., PARKER and SCHUMACHER, JJ.

OPINION

NORTON, Judge.

Appellant contends the district court applied the wrong statute of limitations when it barred appellant's claim. Respondent contends this appeal is untimely. We hold that the appeal is timely and the federal statute of limitations for hazardous substance cases preempts the state statute of limitations. We reverse and remand.

FACTS

Appellant Tower Asphalt, Inc., operates an asphalt plant on a parcel of land that it...

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