State Ex. Rel. Atlantic Richfield Company, a Delaware Corporation ("Arco") v. Department of Health and Environmental Sciences of the State of Montana

9 F.3d 1553 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. STATE ex. rel. ATLANTIC RICHFIELD COMPANY, a Delaware corporation ("ARCO"), Plaintiff-Appellant, v. DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES OF THE STATE OF MONTANA, Defendant-Appellee. No. 92-35194. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1993. Decided Oct. 29, 1993. Before: GOODWIN, SCHROEDER and PREGERSON, Circuit Judges. 1 MEMORANDUM * 2 Atlantic Richfield Co. ("ARCO") appeals from a final order dismissing its case with prejudice. Its original complaint, filed in Montana state court, sought a writ of mandate directing the Montana Department of Health and Environmental Services ("DHES") to disclose certain documents relating to a superfund hazardous waste site. 3 ARCO relied on Montana "freedom of information" and public document law and carefully refrained from pleading any suggestion of a federal question. The record contains a letter from ARCO dated May 24, 1989…