SMITH v. CONOCOPHILLIPS PIPE LINE CO.

No. 14-2191.

801 F.3d 921 (2015)

Bruce SMITH; JoAnne Smith; Walter Wunderlich; Victoria Wunderlich, Plaintiffs-Appellees v. CONOCOPHILLIPS PIPE LINE COMPANY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 15, 2015.


Attorney(s) appearing for the Case

Ian P. Cooper , Tueth, Keeney, Cooper, Mohan & Jackstadt P.C., St. Louis, MO, argued ( John M. Reynolds , Tueth, Keeney, Cooper, Mohan & Jackstadt P.C., St. Louis, MO, Michael D. Jones , Brant W. Bishop, P.C., Stephen S. Schwartz , Devin A. DeBacker , Kirkland & Ellis LLP, Washington, DC, on the brief), for appellant.

John E. Campbell , Campbell Law, LLC, St. Louis, MO, argued ( Erich Vieth , Alicia Campbell , on the brief), for appellees.

Before MURPHY and SHEPHERD, Circuit Judges, and HARPOOL, District Judge.


Phillips 66 (Phillips) owns a petroleum products pipeline which runs through the town of West Alton, Missouri. After a leak in the line was discovered in 1963, its source was repaired, but the contamination at the leak site was not remediated. In 2002 contaminants from the leak were discovered in a family residence in West...

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