SMITH v. CARBIDE AND CHEMICALS CORP.

No. 04-5323.

507 F.3d 372 (2007)

Warren SMITH, Glenda and Jack Wray, Ronald and Doris Lamb, Ronnie and Teresa Wray, Ernest Ray and Ruby English, Herman L. and Paula Henley, Jewell G. and Ruth Warford, John and Robin Colson, Charles R. and Natilie M. Robertson, Steve Bartholomew, Thomas Foster Stone, Benny Frank Heady, Eugene and Helen Henley, Leon and Deena Hoskins, Ken Jerrell, Elaine I. Tilford, Reda Feezor, Thomas L. Anderson, and Weda Flowers, Plaintiffs-Appellants, v. CARBIDE AND CHEMICALS CORP., Union Carbide Corp., Martin Marietta Energy System, Inc., Martin Marietta Utility Services, Inc., Lockheed Martin Utility Services, and Lockheed Martin Energy Systems, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 2, 2007.


Attorney(s) appearing for the Case

ARGUED: Edmund J. Schmidt III, Law Offices of David Randolph Smith & Edmund J. Schmidt III, Nashville, Tennessee, for Appellants. Robert E. Tait, Vorys, Sater, Seymour & Pease, Columbus, Ohio, for Appellees. ON BRIEF: Edmund J. Schmidt III, David Randolph Smith, Law Offices of David Randolph Smith & Edmund J. Schmidt III, Nashville, Tennessee, for Appellants. Robert E. Tait, Gail C. Ford, Vorys, Sater, Seymour & Pease, Columbus, Ohio, G. Wilson Horde, Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville, Tennessee, for Appellees.

Before: MARTIN and GILMAN, Circuit Judges; COHN, District Judge.


OPINION

AVERN COHN, District Judge.

This is an environmental case. Plaintiffs-Appellants Warren Smith, et al. (collectively referred to as Appellants), appeal the district court's grant of summary judgment for Defendants-Appellees Carbide and Chemicals Corp., et al. (collectively referred to as Appellees). Appellants brought claims for intentional trespass, permanent private nuisance, and strict liability based on contamination caused by imperceptible...

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