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Deltic Farm & Timber Co. v. Great Lakes Chem. Corp.

ELR Citation: 28 ELR 20131
Nos. 97-1158, 120 F.3d 854/(8th Cir., 07/24/1997)

The court holds that Arkansas law does not allow the tolling of the statute of limitations where there is no evidence of fraudulent concealment in a timber company's wrongfully removed minerals action against a chemical corporation. The court first notes that the Arkansas Supreme Court had the chance in a recent mineral rights case to embrace the discovery rule, but it voiced the conviction that the rule is not part of Arkansas law. To prevent the statute of limitations bar, there must be a positive act of fraud that keeps plaintiff's cause of action concealed. The court holds that because it is undisputed since that the chemical company committed no positive act of fraud, the timber company cannot withstand summary judgment.

Counsel for Appellant
Richard T. Donovan
Rose Law Firm
120 E. 4th St., Little Rock AR 72201
(501) 375-9131

Counsel for Appellee
Thomas Daily
Daily & Woods
Stephens Office Bldg.
623 Garrison Ave., Fort Smith AR 72902
(501) 782-0361

Before Bowman and Gibson, JJ.