BIBEAU v. PACIFIC NORTHWEST RESEARCH FOUNDATION

No. 97-35825.

188 F.3d 1105 (1999)

Harold BIBEAU; Melanie Ann Dooyen Bibeau, on their own and as Representatives of Classes of Similarly Situated Persons, Plaintiffs-Appellants, v. PACIFIC NORTHWEST RESEARCH FOUNDATION INCORPORATED, a Washington corporation; Battelle Pacific Northwest Laboratories; Battelle Memorial Institute, Incorporated, an Ohio Corporation; Mavis Rowley; Daniel DiIaconi, Doctor in his Individual and Former Official Capacity; Fernando Leon, Doctor in his Individual and Former Official Capacity; Robert E. Wildman, in His Individual and Former Official Capacity; John Randolph Totter, in His Individual and Former Official Capacity; James Leslie Liverman, in His Individual and Former Official Capacity; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred September 16, 1998.

Submitted September 28, 1998.

Decided August 19, 1999.


Attorney(s) appearing for the Case

Stanley B. Siegel and Eric L. Cramer, Berger & Montague, Philadelphia, Pennsylvania, for the plaintiffs-appellants.

Robert L. Aldisert, Perkins Coie, Portland, Oregon, for defendants-appellees Pacific Northwest Research Foundation and Mavis Rowley.

Richard Montague, United States Department of Justice, Washington, D.C., for defendants-appellees United States, John Randolph Totter and James L. Liverman.

Lisa E. Lear, Bullivant Houser Bailey, Portland, Oregon, for defendant-appellee Daniel DiIaconi.

Before: WALLACE and KOZINSKI, Circuit Judges, and EZRA, District Judge.


Opinion by Judge KOZINSKI; Concurrence by Judge WALLACE.

KOZINSKI, Circuit Judge:

More than thirty years ago, plaintiff Harold Bibeau suffered the unkindest cut of all. Today, he seeks to bring suit against those he claims are responsible for injuring him. The defendants parry by raising the statute of limitations. The district court agreed and entered summary judgment in favor of all defendants. See Bibeau v. Pacific Northwest Research Found., Inc.,

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