Cook v. Rockwell International Corp.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

The parties have submitted proposed instructions on Plaintiffs’ trespass claim and related affirmative defenses. The most significant issue presented by these proposed instructions and the parties’ respective objections thereto concerns Defendants’ assertion of a statute of limitations defense premised on the trespass claim constituting a permanent rather than a continuing tort. Defendants contend the alleged deposition of plutonium from the Rocky Flats Nuclear Weapons Plant on Plaintiffs’ and other class members’ properties…