ELR Citation: ELR 20098
No(s). 04-4457 (3d Cir. May 31, 2006)

The court vacates the dismissal of dairy farmers' claims that their cows and farmland were poisoned by defendant's factory emissions over several decades. Because there is a material issue of fact as to whether the farmers exercised reasonable diligence in determining the cause of their cows' symptoms, the lower court should not have dismissed the farmers' claims as time barred.