Tyson Fights To Kill Okla. Claims In Waste Case

Law360, New York (May 12, 2009, 12:00 AM EDT) -- Tyson Foods Inc. has asked a court to toss state law claims in a case brought by Oklahoma officials that accuses the poultry giant of polluting state waters, saying the claims stand in “irreconcilable tension” with federal law.

In a motion for partial summary judgment filed Monday in the U.S. District Court for the Northern District of Oklahoma, Tyson Foods sought dismissal of claims for nuisance, trespass, unjust enrichment, restitution and disgorgement, as well as claims for punitive damages.

Each of the disputed claims seeks an...
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