TORRES v. E.I. DUPONT DE NEMOURS & CO.

Nos. 99-1066, 99-1102.

219 F.3d 13 (2000)

Wilson TORRES, d/b/a Agro-Industrias De Comerio; Armando Torres, d/b/a Agro-Industrias De Comerio; Plaintiffs, Angel Luis Torres-Sanchez, d/b/a/ Agro-Industrias De Comerio; Melba Torres-Santo; Luis Angel Torres-Santos; Zulma Torres-Santo; Agro-Industrias De Comerio; Plaintiffs, Appellants, v. E.I. DUPONT DE NEMOURS & COMPANY, a/k/a DuPont Corp., a/k/a DuPont Co.; A, B, C as unknown Defendants; XYZ Insurance Co., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 17, 2000.


Attorney(s) appearing for the Case

James L. Ferraro, with whom Ana M. Rivero, Kerry A. Raleigh, and Ferraro & Associates, P.A. were on brief, for appellants.

Eric A. Tulla, with whom Jorge L. Cordova, Guillermo Ramos-Luina, Ramon L. Viñas-Bueso and Rivera, Tulla & Ferrer were on brief, for appellee E.I. Dupont De Nemours and Company, Inc.

Before TORRUELLA, Chief Judge, COFFIN, Senior Circuit Judge, and LYNCH, Circuit Judge.


TORRUELLA, Chief Judge.

Appellants Angel Luis Torres and Agro-Industrias de Comerio sued E.I. DuPont de Nemours & Company for producing a fungicide that, due to contamination or other defect, allegedly destroyed appellants' papaya crops in 1988. DuPont moved for summary judgment on the basis that the suit was barred both by judicial estoppel and the applicable statute of limitations. The district court granted the judicial estoppel motion only as to Agro-Industrias...

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