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LOCKE v. LIQUID AIR CORP.

No. 83-7150.

725 F.2d 1331 (1984)

James F. LOCKE, as father of Sean Michael Locke, a deceased minor, Plaintiff-Appellant, v. LIQUID AIR CORPORATION, a Delaware corporation qualified to do business in the State of Alabama, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 2, 1984.

Attorney(s) appearing for the Case

Clement J. Cartron, Huntsville, Ala., for plaintiff-appellant.

Robert H. Harris, Decatur, Ala., for defendants-appellees.

Before JOHNSON and ANDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

JOHNSON, Circuit Judge:

Defendant Liquid Air's Decatur, Alabama, plant manufactures acetylene gas. The resulting by-product of the manufacturing process, a slurry compound of water and lime, is pumped into holding ponds or sludge pits; the lime settles to the bottom, leaving a pool of water. Lime slurry, although having a higher pH content than tapwater, is not toxic or poisonous. For several years the Liquid Air plant in Decatur operated with two slurry holding ponds...

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