Orchard View Farms, Inc. v. Martin Marietta Aluminum, Inc.

OPINION

BURNS, Chief Judge:

HISTORY OF THIS CASE

This diversity case is before the court on remand from the Ninth Circuit Court of Appeals for a retrial on the issue of puni tive damages. Orchard View Farms, Inc. v. Martin Marietta Aluminum, Inc., No. 73 3080 (9th Cir. June 23, 1975).

On March 31, 1971, Orchard View Farms, Inc. (Orchard View) filed this trespass action, seeking compensatory and punitive damages for injuries to its orchards between March 31, 1965 and the filing date. These injuries were alleged to have been caused by fluoride emitted from the aluminum reduction plant operated by…