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BALL v. JOY TECHNOLOGIES, INC.

No. 90-1537.

958 F.2d 36 (1991)

Rodney D. BALL, Sr.; Harless V. Belcher; Junior F. Billings; Lynn S. Combs; Ronald J. Davis; Theodore H. Harris; Jerry W. Holmes; Eddie D. Kirk; Larry E. Oliver; Gerald H. Proffitt; Donald R. Rolen; Frank E. Roop, Jr.; Jessie F. Stamper; Roger L. Taylor; Horace G. White, Jr.; Johnnie Williams; Robert E. Thompson; Geneva A. Thompson; William R. Levitt; Shirley Levitt, Plaintiffs-Appellants, v. JOY TECHNOLOGIES, INCORPORATED, Formerly Joy Manufacturing Company, a Pennsylvania Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 5, 1991.

Amended by order filed February 12, 1992.

Attorney(s) appearing for the Case

James Anthony McKowen, Hunt & Wilson, Charleston, W.Va., argued, for plaintiffs-appellants.

Dennis Charles Sauter, Jackson & Kelly, Charleston, W.Va., argued (Robert L. Stewart, Jr., on brief), for defendant-appellee.

Before WILKINSON, Circuit Judge, CHAPMAN, Senior Circuit Judge, and HILTON, District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

HILTON, District Judge:

The plaintiffs in this consolidated action are eighteen former employees of the defendant Joy Technologies, Inc. and two spouses of former employees. The plaintiffs allege that while employed at the defendant's corporate facilities in Bluefield, West Virginia, and Bluefield, Virginia, they were wrongfully exposed to and absorbed various toxic chemicals. The district court granted Joy's motion for summary judgment finding that...

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