Legal Opinion
Tower Asphalt, Inc. v. Determan Welding & Tank Service, Inc.
Court of Appeals of Minnesota
Decided May 2, 1995No. C9-94-1836PublishedCited by 5 opinions
1Opinion of the Court
OPINION
NORTON, Judge.
Appellant contends the district court applied the wrong statute of limitations when it barred appellant’s claim. Respondent contends this appeal is untimely. We hold that the appeal is timely and the federal statute of limitations for hazardous substance cases preempts the state statute of limitations. We reverse and remand.
FACTS
Appellant Tower Asphalt, Inc., operates an asphalt plant on a parcel of land that it owns in West Lakeland Township, Minnesota. From 1973 to July 1980, Tower leased a portion of its land to Steve’s Oil Company, owned by respondent Joseph Puchtel.…
2Cases cited5 opinions
- Wittmer v. RuegemerSupreme Court of Minnesota · 1988
- Soo Line Railroad Ex Rel. Minnesota v. B.J. Carney & Co.District Court, D. Minnesota · 1992
- Kowalski v. Goodyear Tire and Rubber Co.District Court, W.D. New York · 1994
- Novus Equities Corp. v. Em-Ty PartnershipSupreme Court of Minnesota · 1986
- GJ Leasing Co., Inc. v. Union Elec. Co.District Court, S.D. Illinois · 1993
3Cited by5 opinions
- Union Pacific Railroad Company v. Reilly Industries, Inc.Court of Appeals for the Eighth Circuit · 2000
- Angeles Chemical Co. v. Spencer & JonesCalifornia Court of Appeal · 1996
- Becton v. Rhone-Poulenc, Inc.Supreme Court of Alabama · 1997
- Minnesota Ex Rel. Northern Pacific Center, Inc. v. BNSF Railway Co.District Court, D. Minnesota · 2010
- Union Pacific RR Co. v. Reilly IndustriesCourt of Appeals for the Eighth Circuit · 2000