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SHULTS v. CHAMPION INTERN. CORP.

No. 93-5771.

35 F.3d 1056 (1994)

J.A. SHULTS and Joan Shults, et al., Plaintiffs-Appellees, Hugh Brown, et al., Plaintiffs-Appellants, v. CHAMPION INTERNATIONAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 20, 1994.

Rehearing and Suggestion for Rehearing Denied November 7, 1994.

Attorney(s) appearing for the Case

Thomas C. Jessee (briefed), Jessee & Jessee, Johnson City, TN, Gordon Ball, Herbert S. Moncier, Knoxville, TN, Don Barrett, Lexington, MS, Gary E. Brewer, Morristown, TN, Wade C. Hoyt, III, Rome, GA, Paul E. Merrell (argued and briefed), Ralph A. Bradley, Bradley & Merrell, Tidewater, OR, for plaintiffs-appellants.

Paul Merrell, pro se.

W. Kyle Carpenter, Louis C. Woolf (argued and briefed), Baker, Worthington, Crossley, Stansberry & Woolf, Knoxville, TN, Barbara Wrubel (briefed), Sheila L. Birnbaum, Skadden, Arps, Slate, Meagher & Flow, New York City, for defendant-appellee.

Before: GUY and BOGGS, Circuit Judges; and CLELAND, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied November 7, 1994.

BOGGS, Circuit Judge.

The appellants appeal from the district court's settlement order in this class action against Champion International Corporation. The suit alleged that Champion's North Carolina pulp and paper mill discharged effluents into eastern Tennessee waters, and sought compensatory and injunctive relief based on theories of nuisance and trespass. After a five-week jury trial...

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