Appeals Court Tosses Judgment In Pollution Case

The judges also noted that two witnesses for the chemical companies stated in affidavits that Stephens spoke to them in 2002 and was aware of the contamination. However, Stephens' testimony in a deposition contradicted those statements.

"Thus, we conclude that there remains a genuine issue of material fact, which cannot be resolved without making credibility determinations, weighing evidence, and drawing inferences," the judges wrote, saying those judgments should be made by a jury.

The panel reversed the summary judgment and sent the case back to U.S. District Court.