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McDOWELL v. STATE

No. S-7559.

957 P.2d 965 (1998)

Sam E. McDOWELL, A. Joyce McDowell, Thomas L. Edwards, and Rayme Gardner Edwards, Petitioners, v. STATE of Alaska, Tesoro Alaska Petroleum Company, a Delaware corporation, John E. Cook, Carol A. Cook, and C & R Enterprises, d/b/a Sterling Tesoro Service Station, Respondents.

Supreme Court of Alaska.

April 25, 1998.

Attorney(s) appearing for the Case

Kenneth P. Jacobus, Kenneth P. Jacobus, P.C., Anchorage, for Sam E. McDowell, A. Joyce McDowell, Thomas L. Edwards, and Rayme Gardner Edwards.

Phillip Paul Weidner and Nicole D. Stucki, Weidner & Associates, Inc., Anchorage, for Sam E. McDowell and A. Joyce McDowell.

James E. Cantor, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for the State of Alaska.

Joseph R.D. Loescher, Hughes Thorsness Powell Huddleston & Bauman LLC, Anchorage, for Tesoro Alaska Petroleum Company.

Paul L. Davis and Ronald F. Black, The Law Offices of Paul L. Davis & Associates, Anchorage, for John E. Cook, Carol A. Cook, and C & R Enterprises.

Before MATTHEWS, C.J., and COMPTON, EASTAUGH, FABE and BRYNER, JJ.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Property owners filed suit alleging injuries to real property caused by petroleum contamination. The superior court dismissed the negligence and strict liability claims, on the ground they were barred by the two-year statute of limitations, AS 09.10.070. Because we conclude that these claims alleged "trespass upon real property" and were subject to the six-year statute of limitations, AS...

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