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  5. 874 F.Supp.2d 937 (2004)
 

TOWN OF SUPERIOR, MONT. v. ASARCO, INC.

No. CV 01-147-M-DWM.

874 F.Supp.2d 937 (2004)

The TOWN OF SUPERIOR, MONTANA, a municipality, Mineral County, a body politic, and Superior School District No. 3, Plaintiffs, v. ASARCO, INCORPORATED, a foreign Corporation, Defendant.

United States District Court, D. Montana, Missoula Division.

September 27, 2004.

Attorney(s) appearing for the Case

A. Clifford Edwards, Roger W. Frickle, Edwards Frickle & Culver, Roberta L. Anner-Hughes, Anner-Hughes Law Firm, Billings, MT, for Plaintiffs.

ORDER

DONALD W. MOLLOY, Chief Judge.

I. INTRODUCTION

The Town of Superior, Mineral County, and the Superior School District allege three claims for each of two distinct factual scenarios. They allege nuisance/trespass, negligence, and violation of the right to a clean and healthful environment under the Montana Constitution for high levels of antimony in Flat Creek spring, which was Superior's primary drinking water supply until the contamination...

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