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  5. 48 F.Supp.2d 1257 (1998)
 

SCHMIDT v. RHONE-POULENC, INC.

No. CV-96-033-BU.

48 F.Supp.2d 1257 (1998)

Timothy W. SCHMIDT, Plaintiff, v. RHONE-POULENC, INC., Defendant.

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

April 28, 1998.

Attorney(s) appearing for the Case

Bernard J. Everett, Knight, Dahood, McLean, Everett & Dayton, Anaconda, Paul M. Warren, Warren Law Office, Billings, MT, for Timothy W. Schmidt, plaintiff.

Brendon J. Rohan, Poore, Roth & Robinson, PC, Butte, MT, for Rhone-Poulenc, Inc., defendant.

MEMORANDUM AND ORDER

HATFIELD, Senior District Judge.

BACKGROUND

The defendant herein, Rhone-Poulenc, Inc., operates an elemental phosphorous plant located approximately six miles west of Butte, Montana. The plaintiff, Timothy W. Schmidt, worked at the plant from 1979 through January 27, 1995, during which time he held various labor positions.

In January, 1995, Rhone-Poulenc began a "digout" of their No. 1 furnace.

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