BAUGHMAN v. AMERICAN TEL. & TEL. CO.

22995

298 S.C. 127 (1989)

378 S.E.2d 599

Frank Joe BAUGHMAN, et al., Respondents, of whom James Harold Ford, Joyce B. Ford, Tommy A.I. McPherson and Roy Lynn McPherson are also Respondents-Appellants v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, A Corporation, and AT & T Nassau Metals Corporation, A Corporation, of whom AT & T Nassau Metals Corporation is Appellant-Respondent. Appeal of James Harold FORD, Joyce B. Ford, Tommy A.I. McPherson and Roy Lynn McPherson, Respondents. Johnny Olanis BENNETT, a minor by Louise BENNETT, his Mother and General Guardian, et al., Plaintiffs-Respondents, of whom Ashlee N. Ford, a minor, by Joyce B. Ford, his Mother and General Guardian, David Michael Ford, a minor, by Joyce B. Ford, his Mother and General Guardian, Michelle Lynn McPherson, a minor, by Roy Lynn McPherson, her Mother and General Guardian and Tommy A.I. McPherson, II, a minor, by Roy Lynn McPherson are also Respondents-Appellants v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, A Corporation, and AT & T Nassau Metals Corporation, A Corporation, of whom AT & T Nassau Metals Corporation is, Appellant-Respondent. Appeal of Ashlee N. FORD, a minor, by Joyce B. FORD, his Mother and General Guardian, David Michael Ford, a minor, by Joyce B. Ford, his Mother and General Guardian, Michelle Lynn McPherson, a minor, by Roy Lynn McPherson, her Mother and General Guardian, and Tommy A.I. McPherson, II, a minor, by Roy Lynn McPherson, his Mother and General Guardian, Respondents. Eula Mae BROWN, et al., Respondents v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, A Corporation, and AT & T Nassau Metals Corporation, A Corporation, of whom AT & T Nassau Metals Corporation is Appellant. Floyd Marion BUSBEE, Edna Fallaw Busbee and Ralph Wessinger, Respondents v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, a Corporation, and AT & T Nassau Metals Corporation, a Corporation, of whom AT & T Nassau Metals Corporation is Appellant. Appeal of AT & T NASSAU METALS CORPORATION (Four Cases).

Supreme Court of South Carolina.

Decided March 27, 1989.


Attorney(s) appearing for the Case

Stephen G. Morrison, Richard H. Willis and Laura S. Campbell, Columbia, for appellant-respondent.

Frank B. Register, Lexington, Sheldon E. Bernstein, of Del Rey, Fla., and Lawrence M. Mann, Washington, D.C., for respondents-appellants and respondents.


Heard Feb. 21, 1989.

Decided March 27, 1989.

GREGORY, Chief Justice:

These actions were commenced by 271 plaintiffs alleging various personal injuries and property damage caused by air and water pollution from appellant-respondent's (Nassau's) plant. The circuit court sua sponte consolidated all cases for a single non-jury trial by invoking an equitable remedy known as a bill of peace. Nassau appeals. The circuit court also dismissed with prejudice...

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