Muller v. Decker Coal Co.

87 F.3d 1321 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James MULLER and Jean Muller, husband and wife; Marcia Gillis, fka Marcia Muller; Sharon Freeman; Linda Carr, Plaintiffs-Appellants, v. DECKER COAL COMPANY, a joint venture consisting of Kiewit Coal Properties, Inc., and Western Minerals, Inc., Defendant-Appellee. No. 94-35956. United States Court of Appeals, Ninth Circuit. Submitted June 4, 1996. * Decided June 17, 1996. Before: BROWNING, WRIGHT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 The parties are familiar with the facts so we need not recite them here. DISCUSSION 3 Accrual of both claims, for personal injury and damage to real property, is governed by Montana Code Annotated § 27-2-102, which states: 4 (1) For the purposes of statutes relating to the time within which an action must be commenced: 5 (a) a claim or cause of action accrues when all elements of the claim or cause exist or have occurred, the right to maintain an action on the claim…