CITY OF EVANSVILLE, IND. v. KY. LIQUID RECYCLING

No. 78-1578.

604 F.2d 1008 (1979)

CITY OF EVANSVILLE, INDIANA, et al., Plaintiff-Appellants, v. KENTUCKY LIQUID RECYCLING, INC., et al., Defendant-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 9, 1979.


Attorney(s) appearing for the Case

Lockyear, Barber & Kornblum, Theodore Lockyear, Steve Barber and James A. Kornblum, John C. Cox, Evansville, Ind., for plaintiff-appellants.

Fred S. White, Evansville, Ind., Edward M. Steutermann, Louisville, Ky., for defendant-appellees.

Before SPRECHER, TONE and BAUER, Circuit Judges.


TONE, Circuit Judge.

Three Indiana municipal corporations that use water from the Ohio River bring this action to recover damages incurred because of defendants' discharges of contaminants into the river from Kentucky. The most important question on this appeal is whether plaintiffs have stated a claim over which the district court had jurisdiction. We hold that a claim is stated under the federal common law of nuisance and that the court had jurisdiction pursuant...

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