BOCOOK v. ASHLAND OIL, INC.

Civ. A. No. 3:91-0839

819 F.Supp. 530 (1993)

Earl BOCOOK, as personal representative for and on behalf of Jessie M. Bocook, deceased; Lloyd E. Cochenour; Taylor Combs; Dora Gilkerson, as personal representative for and on behalf of Brady H. Gilkerson, Deceased; Betty Jean Stewart, as personal representative for and on behalf of Clara Legg, Deceased; James E. Leist, II; William R. Lincoln, individually; Brenda L. Lincoln, individually, and as personal representatives for their minor children; Brian Lincoln, Jeffrey Lincoln; Grayce M. Little; Yulie Lycans, as personal representative for and on behalf of Bennie V. Lycans, Deceased; Frances A. Malone; Jerry Lee Thompson; Richard V. Pennington, Sr.; Judy Salyers; Deris Scott; Carolyn Starett, as personal representative for and on behalf of Harland Starett, Deceased; Tennie Perry; James E. Curnutte; Phyllis J. Curnette; Ricky E. Endicott; Cinda L. Endicott; Adam E. Endicott; Amandia Evans; Hubert Porter, as personal representatives for their minor niece, Amandia Garvin; Terry E. Harrison, individually, and as personal representative for and on behalf of her minor child, Jared Mykal Holley Harrison; Gregory A. Maynard; Karen S. Maynard, individually and as personal representatives for and on behalf of their minor children, Gregory A. Maynard, II, Steven A. Maynard; Jesse Pinson; Ola Queen, individually and as personal representative for and on behalf of her minor child, Joshua Queen; Glenna M. Salmons, as personal representative for Josephine Layne, Deceased; Deborah Schafer, individually and as personal representative for and on behalf of her minor children; James T. Schafer; Danielle R. Schafer; Robert F. Schultz, Jr.; Mary E. Schultz, individually and as personal representatives for and on behalf of their minor child; Robert F. Schultz, Sr.; Lucy C. Schultz; Robert F. Schultz; John Viers; Lucy West; Gregory L. Wilson; Georgia Wilson, individually and as personal representative for and on behalf of their minor child; Valerie Wilson; Gregory L. Wilson, Jr.; Amandia Garvin; Hubert Porter; Plaintiffs, v. ASHLAND OIL, INC.; Bruce Churton; John P. Gay; Defendants.

United States District Court, S.D. West Virginia, at Huntington.

January 11, 1993.


Attorney(s) appearing for the Case

Monty L. Preiser, Charleston, WV, Arnold Levin, Laurence S. Berman, Bradford J. Lam, Philadelphia, PA, Jerry S. Cohen, Anthony Z. Roisman, Richard Lewis, Washington, DC, Robert E. Reeves, Lexington, KY, James Colburn, Jane Hustead, Cabell County Pros. Atty.'s Office, Huntington, WV, for plaintiffs.

Mark Williams, Huntington, WV, Michael B. Victorson, Charleston, WV, Albert H. Parnell, Stephen M. Lore, Joseph R. Cullens, Atlanta, GA, for defendants.


MEMORANDUM OPINION AND ORDER

STAKER, District Judge.

Plaintiffs in this action are suing the defendant (hereinafter "Ashland") for injuries allegedly caused by toxic substances contained in pollution released by Ashland into the air, water and ground in the vicinity of its Catlettsburg, Kentucky refinery. They allege that exposure to those toxic substances causes damage to the human body, both immediate and latent. Such latent effects can include cancer...

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