Arkansas-Platte & Gulf Partnership v. Van Waters & Rogers, Inc.

JOHN P. MOORE, Circuit Judge.

In 1985 plaintiff Arkansas-Platte & Gulf (AP & G) succeeded to ownership of property in Colorado which previously had been occupied by a wooden fence-post treatment facility. That facility used a pentachloro-phenol product, “Dowicide 7,” from approximately 1960 to 1972. In 1987, an AP & G employee was diagnosed with pentachloro-phenol poisoning. AP & G filed suit in 1989 against Van Waters & Rogers and The Dow Chemical Company as pentachlo-rophenol manufacturers or distributors, asserting Colorado state tort claims of negligence and strict liability based on a…