Nevada Power Co. v. Monsanto Co.

O’SCANNLAIN, Circuit Judge:

Nevada Power seeks to recover the costs of replacing electrical generating equipment that contained polychlorinated biphe-nyls (“PCB’s”). We must determine whether Nevada Power’s claims for fraud and failure to warn against its vendors are time-barred, and whether Nevada Power has stated a claim for implied equitable indemnification.

I

During the 1960’s and 1970’s Nevada Power purchased electrical equipment from General Electric and Westinghouse. Much of that equipment contained PCB’s as a cooling agent. Monsanto was the supplier of PCB’s to General Electric and…