United States Third Circuit

Summary judgment dismissing, as time-barred, plaintiffs-dairy farmers' claims involving allegations that plaintiffs' cows and farmland were poisoned by defendant's factory's emissions over several decades is vacated in part where there existed a material issue of fact as to whether plaintiffs exercised reasonable diligence in determining the cause of their cows' symptoms.

Appellate Information

• Argued 11/08/2005
• Decided 05/31/2006
• Published 06/01/2006

Judges

• Before ROTH, FUENTES, and GARTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Gary A. Bryant (Argued), Willcox & Savage, P.C., Norfolk, VA, Michael C. Davis, Peter K. Killough, Carter Ledyard & Milburn LLP, Washington, DC, for Appellants.


• For Appellees:
  
• Neil S. Witkes (Argued), Manko, Gold, Katcher & Fox LLP, Bala Cynwyd, PA, for Appellees.