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SCHEUFLER v. GENERAL HOST CORP.

Nos. 96-3011, 96-3031.

126 F.3d 1261 (1997)

Ted SCHEUFLER, Debra Scheufler, husband and wife; Paul Scheufler, Elva Scheufler, husband and wife; Harvey Wilhaus; Alice M. Richmond; Mabel V. Colle Trust; Kenneth D. Knapp, Eileen Knapp, husband and wife; Peirce Knapp Farms, Inc., by agent Walter C. Peirce; Violet Stockham; Coll-Mar Farm, Inc., and Lee Scheufler, Plaintiffs-Appellees-Cross-Appellants, v. GENERAL HOST CORPORATION, a New York corporation, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

September 18, 1997.

Attorney(s) appearing for the Case

William R. Sampson (Bill J. Hays and Paul W. Rebein with him on the brief), Shook, Hardy & Bacon L.L.P., Overland Park, KS, for appellant.

Lee Turner, Lee Turner, P.A., Great Bend, KS, and Deborah Turner Carney, Carney Law Office, Golden, CO, for appellee.

Before EBEL, LOGAN, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiffs, a group of landowners and tenant farmers in Rice County, Kansas, filed this trespass and private nuisance action against defendant General Host Corporation (General Host), alleging General Host's salt mining operations polluted a fresh water aquifer underlying plaintiffs' properties and prevented plaintiffs from raising irrigated crops on their land. Plaintiffs filed their action pursuant to 28 U.S.C. § 1332(a)(1), alleging...

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