ASARCO, LLC v. Montana Resources, Inc.

Memorandum Opinion and Order

ANDREW S. HANEN, District Judge.

Pending before the Court is the Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure filed by Montana Resources, Inc. and Montana Resources, LLP.1 [Doc. No. 28; Br. in Supp., Doc. No. 24; Supplement to Mot., Doc. No. 78]. Having reviewed the motion, the responses thereto and the applicable law, the Court hereby GRANTS in part and DENIES in part Defendants’ motion.

I. Factual Background and Procedural History

A. Montana Resources, LLP

In May 1989, AR Montana Corporation, predecessor of ASARCO…