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SUNBURST SCHOOL DIST. NO. 2 v. TEXACO, INC.

No. 04-798.

165 P.3d 1079 (2007)

2007 MT 183

338 Mont. 259

SUNBURST SCHOOL DISTRICT NO. 2, et al., Plaintiffs, Respondents and Cross-Appellants, v. TEXACO, INC., et al., Defendants and Appellants.

Supreme Court of Montana.

Submitted March 14, 2006.

Decided August 6, 2007.

Attorney(s) appearing for the Case

For Appellants: Stanley T. Kaleczyc (argued), Browning, Kaleczyc, Berry & Hoven, Helena, Montana Charles Cole (argued), Steptoe & Johnson, LLP, Washington, D.C., Laurence Janssen and Daniel R. Blakey, Steptoe & Johnson, Los Angeles, California.

For Respondents: Tom L. Lewis (argued), J. David Slovak (argued), and Mark M. Kovacich, Lewis, Slovak & Kovacich, P.C., Great Falls, Montana.

For Amicus Curiae Montana Petroleum Marketers & Convenience Store Association, Town Pump, Inc., CHS, Inc., and Rocky Mountain Oil, Inc.: Keith Strong and Stephen Bell, Dorsey & Whitney LLP, Great Falls, Montana.

For Amicus Curiae Western Environmental Trade Association: Page Dringman, Dringman & Redmon, P.C., Big Timber, Montana.

For Amicus Curiae Northern Plains Resource Council, Montana Environmental Information Center and Women's Voices for the Earth: Jory C. Ruggiero, Beck, Amsden & Ruggiero, PLLC, Bozeman, Montana, Jack R. Tuholske, Tuholske Law Office, P.C., Missoula, Montana.

For Amicus Curiae Montana Trial Lawyers Association: Lawrence A. Anderson, Attorney at Law, Great Falls, Montana William A. Rossbach, Attorney at Law, Missoula, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Sunburst School District No. 2 and approximately ninety adjoining private property owners (collectively Sunburst) sued Texaco Inc. (Texaco) for damages caused by the migration of benzene onto their properties from Texaco's neighboring refinery. Texaco appeals from a judgment in the Eighth Judicial District, Cascade County, following a jury trial. We affirm in part, reverse in part, and remand for further...

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