ORDER
The district court's order granting defendants' motion for summary judgment is vacated. The case is remanded for the district court to determine whether the actions are timely under Davis v. Moran, 112 Idaho 703, 735 P.2d 1014 (1987) and, if not, whether the provisions of 42 U.S.C. § 9658 are applicable.
The district court's opinion appears at 643 F. Supp. 17 (D.Idaho 1985).