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BRADLEY v. AMERICAN SMELTING AND REFINING CO.

No. 51094-6.

104 Wn.2d 677 (1985)

709 P.2d 782

CERTIFICATION FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON IN MICHAEL O. BRADLEY, ET AL, Plaintiffs, v. AMERICAN SMELTING AND REFINING COMPANY, Defendant.

The Supreme Court of Washington, En Banc.

November 14, 1985.

Attorney(s) appearing for the Case

Cooper & Tobin, Bill Tobin, and David F. Cooper, for plaintiffs.

Eisenhower, Carlson, Newlands, Reha, Henriot & Quinn, by Ronald A. Roberts and Kathryn J. Nelson (Victor E. Schwartz, Lorraine B. Halloway, and Liberty Mahshigian, of counsel), for defendant.

CALLOW, J.

This comes before us on a certification from the United States District Court for the Western District of Washington. Plaintiffs, landowners on Vashon Island, had sued for damages in trespass and nuisance from the deposit on their property of microscopic, airborne particles of heavy metals which came from the American Smelting and Refining Company (ASARCO) copper smelter at Ruston, Washington.

The issues certified for answer are as follows:

...

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