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YADKIN BRICK v. MATERIALS RECOVERY

No. 3148.

339 S.C. 640 (2000)

529 S.E.2d 764

YADKIN BRICK COMPANY, INC., and Contamination Reclaiming Services, Inc., Plaintiffs, v. MATERIALS RECOVERY COMPANY, a Limited Partnership, Soil Remediation Corporation (USA), its General Partner, Foster Dixiana Corporation, Nu-Way Environmental, Inc., Jonathan K. Rabley, and Eastman Chemical Company, Defendants. Nu-Way Environmental, Inc., and Jonathan K. Rabley, Third Party Plaintiffs, v. Yeargin, Inc., Third Party Defendant, of whom Yadkin Brick Company, Inc. is, Appellant/Respondent, and Eastman Chemical Company, is, Respondent/Appellant.

Court of Appeals of South Carolina.

Decided April 10, 2000.

Attorney(s) appearing for the Case

George A. Kastanes, of Gilbert, for appellant/respondent.

Robert Y. Knowlton and Henry J. White, both of Sinkler & Boyd, of Columbia, for respondent/appellant.

STILWELL, Judge:

Yadkin Brick Company, Inc. brought this action seeking damages from Eastman Chemical Company and others after contaminated material from Eastman was shipped to Yadkin's brickyard for disposal. Yadkin appeals the trial court's directed verdict on its claim for diminution in property value and the court's application of an offset for settlement amounts Yadkin received from other defendants in this action. Eastman cross appeals, alleging the trial court...

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