About 11 years ago are family corporation was destroyed. We spent 700 hundred thousand dollars fighting Arco in montana federal court
. We where sued by a company that was not even part of are contract
. Name AERL LLC.
Too make a long story straight my father signed a 5 year contract with The Anaconda Minerals company back in 1983. It was to sell a waste left in place called Slag. The contract consisted of 43 million tons.
My father Dominic Difrancesco designed and built a slag plant right on the main slag pile in Anaconda MT in the contract terms he was given the land free of charge and paid 2.00 dollars a ton to Anaconda. The contract terms continued till 1999 when AREL sued RDM in Federal Court. The contract was under Montana law. We sued them in State court. This case was one sided we never had our day in court.
What my point I am getting too is my father developed the slag into a resource he was the only one after a hundred years of just sitting there along HWY 1. He invested all his profess and resources into are slag plant. Building a multi million dollar family business Invested 10 million dollars . We built a rail siding for shipping by rail and truck. My father saved the railroad brought jobs and tax revenue to Anaconda Montana after Arco shut its doors.
The reason my father felt investing was My father amended the 5 year contract through a series of questions asking for protection and Anaconda Minerls gave my father a clear road so every five years the contract was Renewed. Until ARCO saw it was a gold mine.
So My point I am trying to make this is a superfund sight under EPA under a rod.
Arco lawyers lied and lied and lied. Especially that RDM was not named a PRP
and ARCO was the only one named PRPs of the slag sights. This gave ARCO no control over the slag pile it was now under EPA. Being named a
Personally responsible parties to the clean up.of the slag was under the EPA. I have evidence that has ARCO bate numbers on thousand of documents prooving conspiracy collusion a complete detailed take over of my fathers intellectual property with judges, EPA, Anaconda deer lodge county , Montana state DeQ hand written notes in every detail of my fathers works in developing the slag into a resource. Stealing his works through the EPA asking for his input on how he came to developed a process of a waste by screening and drying the slag into different size sievings as a commodity for sandblasting and roofing granules. So the EPA gathering all his trade secrets bar coding his works together ARCO and the EPA and Arco together through letters memos faxes you name it it is all there in. Writing clear as day them working as a team. The EPA sating that the MAin slag pile can not be used for sandblasting so my father was forced into buying the slag pile at the Arbiter and mixed them together for sandblasting. The EPA and ARCO ran tests saying his product had to much arsenic in it. So my father went to the California air resource board and his product was certified he had a MsDS sheet
ARCO had none and was selling the slag at 2.00 dollars without a MSDS sheet gave one to my fathering 1990my father had one in 1982
ARCO comes up with one in 1990. And the tried to change it because it the arsinic and lead was so high you could never sell it. Once a MSDS sheet is written there is no changing it. It goes on and on through corruption after corruption.
Every federal judge had this case. Until a magistrate Carolyn s ostby took over in 2000 and then my father died in 2002 leaving the family business to my mother who ran the business with him since its inception.
Well afters 41/2 yearsthe case was docketed for jury trial
in Februay 2005 but of course that never happened ARCO got a default judgment RDM never got any notice from ARCO that they ammeneded there complaint while the case was stayed. They ammeneded there fprevious one filed back in 2002 ignored by the court. Dockets entries on the rocketing sheets where deleted in favor of ARCO motion that the court ordered Arco to file and answer why they filed these motions . The where Deleted from the docket sheets. Numerous times under the juristriction of this magistrate
No signed isignatures by RDM under USC 28 636 agreeing to have a magistrate here our case . I have the proof . It state ACTION REQUIRED!!!! But low and behold there was an entry made on the docket sheet. The corruption through the clerks the judges ARCO lawyers controlled everything .
After the default judgment which ARCO filed numerous times she would deny in part and grant in part always leaving the door open for ARCO,to,renew a motion that was already denied many times .
So,ARCO got a wind fall permantent injunction and the take over of are 10 million dollar plant . You have to know that ARCO would had never sued if we owed creditors on our Slag Plant it was fully paid. ARCO did nothing with the slag pile for 11 years after the judgment the stole everything!,