Document zoRxnnbo0xQdRn5BdoakakrDz

NEW YORK, N<Y* D. 24,650 I MAR 2 3 1981 \ lPCB Claims Argued In US District Court Pierce Suit Against Gov't, Monsanto Held Invalid United Press International BILLINGS, Mont. - The U.S. government and Monsan to cannot be sued by Pierce `Packing Co. over chemical contamination of nearly 2 mil lion pounds of animal feed, attorneys argued before a U.S. District. Court. Pierce has been sued for about $40 million by hundreds of wholesalers, retailers and other customers who in 1979 bought feed contaminated with polychlorinated biphenyl (PCB) at Pierce's meatpack ing plant in Billings. Pierce^ in turn, sued the government for negligence in failing to warn the company of the dangers of PCB and Mon santo for manufacturing the now-banned chemical, which ' has been linked to cancer. A Monsanto attorney argued ! late last week that Pierce cannot sue Monsanto because 1 of Pierce's role as defendant in the suit by wholesalers and others. A government lawyer said laws governing federal con sumer-product monitoring agencies "were designed to protect against injuries to public health -- not to insure against economic losses that are the subject of this action." U.S, District Judge James Battin^has taken under advise ment Monsanto's and the gov-- ernment's motions for dismis sal of the complaints filed against them by Pierce. . GE Also Named _ Pierce also is suing General Electric, which manufactured the electrical transformer from which the highly toxic PCB leaked. The contaminated feed was shipped to 17 states and two foreign countries. The contamination forced the destruction of eggs and hundreds of thousands of chickens and other poultry in, seven states. _______ _