DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
024024P.pdf 02/04/2004 Highland Industrial v. BEI Defense Systems
U.S. Court of Appeals Case No: 02-4024
and No: 03-1276
Western District of Arkansas
Civil case -Environmental law. Plaintiff knew of ground contamination
at the site more than three years before it filed this suit, and its
tort claims were barred under the Arkansas Statute of Limitations
governing tort actions; claim under the Arkansas Hazardous Waste
Management Act was also time-barred; claims concerning breach of lease
were barred by Arkansas's five-year Statute of Limitations governing
contract claims; claim concerning breach of future covenant should be
remanded for further proceedings; claim that defendant breached lease
provision requiring it to hold plaintiff harmless was not ripe; damages
award set aside and remanded for consideration in light of the court's
opinion; attorneys' fees award vacated. [PUBLISHED] (M. Arnold, Author]