No. 87-5992.

866 F.2d 172 (1989)

Jerry HAMMOND, Plaintiff, Jane Allen Offutt and William N. Offutt, IV, M.D., Intervening Plaintiffs-Appellants, v. Charlotte BALDWIN, Mary Helen Miller, Donald F. Harker, Jr., in their official capacities, Defendants-Appellees, Toyota Motor Manufacturing, USA, Inc., Intervening Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 18, 1989.

Rehearing and Rehearing Denied April 3, 1989.

Attorney(s) appearing for the Case

Theodore E. Cowen, Miller, Griffin and Marks, Lexington, Ky., Robert S. Miller (argued), for intervening plaintiffs-appellants.

Eric L. Ison (argued), Greenebaum, Doll & McDonald, Louisville, Ky., James A. Kegley, Greenebaum, Doll & McDonald, Lexington, Ky., for intervenor-appellee, Toyota.

Arthur Lee Williams (argued), Office of General Counsel, Frankfort, Ky., for defendants-appellees, M.H. Miller, R. McCann, D. Harker.

Before MILBURN and BOGGS, Circuit Judges, and CONTIE, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 3, 1989.

BOGGS, Circuit Judge.

This is an appeal from a dismissal under Fed.R.Civ.P. 12(b)(6) of the Offutts' § 1983 claim against the present and former Kentucky Secretaries of the Natural Resources and Environmental Protection Cabinet, the Director of the Kentucky Division of Water, an agency within that Cabinet, and Toyota Motor Manufacturing, USA, Inc. (Toyota). The plaintiffs claim that the trial judge...


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