Legal Opinion
Schwartzman, Inc. v. Atchison Topeka & Santa Fe Railway Co.
District Court, D. New Mexico
Decided December 3, 1993No. Civ. 93-0307 JBPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BURCIAGA, Chief Judge.
THIS MATTER is before the Court on Defendant’s August 12, 1993 motion to dismiss count VII (strict liability claim) of Plaintiffs complaint. Having reviewed the pleadings, the relevant law, and having heard the arguments of counsel, the Court finds Defendant’s motion is not well taken and is denied.
I. BACKGROUND
Plaintiff owns land in the South Valley area of Bernalillo County. Defendant owns a wood treatment and preservation facility adjacent to Plaintiffs property. From 1908 to 1972, Defendant used this facility to treat and preserve wooden…
2Cases cited25 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- The State of New York v. Shore Realty Corp. And Donald LeograndeCourt of Appeals for the Second Circuit · 1985
- Miller v. GlanzCourt of Appeals for the Tenth Circuit · 1991
- Woodrow Sterling v. Velsicol Chemical CorporationCourt of Appeals for the Sixth Circuit · 1988
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3Cited by3 opinions
- Apodaca v. AAA Gas Co.New Mexico Court of Appeals · 2003
- GJ Leasing Co., Inc. v. Union Elec. Co.District Court, S.D. Illinois · 1994
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