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ROCKWELL INTERN. CORP. v. WILHITE

No. 1997-CA-000188-MR.

143 S.W.3d 604 (2004)

ROCKWELL INTERNATIONAL CORPORATION, Appellant, v. Vance WILHITE and 74 Additional Appellees Named in Notice of Appeal, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 18, 2004.

Attorney(s) appearing for the Case

M. Stephen Pitt, Virginia H. Snell, J. Anthony Goebel, Donald J. Kelly, Wyatt, Tarrant & Combs, Louisville, KY, Andrew L. Frey, Evan M. Tager, Charles A. Rothfeld, Mayer, Brown & Platt, Washington, DC, for appellant, Rockwell International Corporation.

James R. Cox, John S. Reed, Reed Weitkamp Schell Cox & Vice, Louisville, KY, for amici curiae, Logan County Economic Development Commission, Inc., Associated Industries of Kentucky and Kentucky Coal Association.

Kent Masterson Brown, Danville, KY, Daniel J. Popeo, Paul D. Kamenar, Washington Legal Foundation, Washington, DC, for amici curiae, Washington Legal Foundation and Allied Educational Foundation.

Charles L. Cunningham, Jr., Charles E. Fell, Jr., Michael McDonald, Louisville, KY, John W. "Don" Barrett, Lexington, MA, W. Patrick Murray, Steven C. Bechtel, Murray & Murray, Sandusky, OH, Thomas M. Jessee, Jessee & Jessee, Johnson City, TN, Gary E. Brewer, Leslie A. Muse, Morristown, TN, Thomas A. Noe, III, Russellville, KY, William Gordon Ball, Knoxville, TN, for appellees.

Before KNOPF and TACKETT, Judges; and HUDDLESTON, Senior Judge.

OPINION

HUDDLESTON, Senior Judge.

This case, involving alleged injury to the appellee landowners' properties in Logan County, Kentucky, as the result of the deposit thereon of polychlorinated biphenyls (PCBs) by Rockwell International Corporation, is on remand from the Supreme Court. At trial, there were 50 separate awards to the landowners of compensatory damages totaling $7,566,118.00 for 54 tracts of land. Punitive damages in the amount of $210...

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