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NORTHWESTERN PUBLIC SERVICE v. UNION CARBIDE CORP.

No. CIV 99-4182.

115 F.Supp.2d 1164 (2000)

NORTHWESTERN PUBLIC SERVICE, a division of Northwestern Corporation, f/k/a Northwestern Public Service Company, Plaintiff, v. UNION CARBIDE CORPORATION, Defendant.

United States District Court, D. South Dakota, Southern Division.

September 28, 2000.

Attorney(s) appearing for the Case

Richard O. Gregerson, James E. Moore, Woods, Fuller, Shultz & Smith, Sioux Falls, Russell C. Molstad, Jr., Huron, Stephen J. Powell, Jim D. DeKoster, Swisher Cohrt, PLC, Waterloo, IA, for Plaintiff.

Thomas G. Firtz, Lynn, Jackson, Shultz & Lebrun, Rapid City, Eric F. Quandt, Kelley, Drye & Warren, Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

The defendant, Union Carbide Corporation, has filed a Motion to Dismiss the Amended Complaint filed against it by the plaintiff, Northwestern Public Service. For the reasons stated below, the Motion to Dismiss is granted in part and denied in part.

BACKGROUND

This case involves polyethylene pipe which the parties refer to as "Century Pipe."1 The Century Pipe...

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