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MULCAHEY v. COLUMBIA ORGANIC CHEMICALS CO., INC.

No. 92-1527.

29 F.3d 148 (1994)

Patrick M. MULCAHEY; Anna Mulcahey; Albert Parsons; Ruth L. Parsons, Individually and as representatives of a class of persons similarly situated, Plaintiffs-Appellants, v. COLUMBIA ORGANIC CHEMICALS COMPANY, INCORPORATED; M.B. Kahn Construction Company, Incorporated; Charles T. Kwiakowski; Arthur Foster; Robert Wolfe; W.W. Wannamaker; Stephen S. Reichlyn; Max G. Gergel, Defendants-Appellees, and E.I. Dupont De Nemours, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided July 11, 1994.

Attorney(s) appearing for the Case

ARGUED: Frederick Steven Longer, Levin, Fishbein, Sedran & Berman, Philadelphia, PA, for appellants. Timothy William Bouch, Young, Clement, Rivers & Tisdale, Charleston, SC, for appellees. ON BRIEF: Arnold Levin, Levin, Fishbein, Sedran & Berman, Philadelphia, PA; Richard J. Lippes, Charles M. Tebutt, Allen, Lippes & Shonn, Buffalo, NY; J. Lawrence Duffy, Jr., Morrison & Duffy, Charleston, SC, for Appellants.

Jonathan L. Yates, Young, Clement, Rivers & Tisdale, Charleston, SC, for appellees.

Before RUSSELL, WILKINS and HAMILTON, Circuit Judges.

Reversed and remanded with instructions by published opinion. Judge HAMILTON wrote the opinion, in which Judge RUSSELL and Judge WILKINS joined.

OPINION

HAMILTON, Circuit Judge:

The plaintiffs-appellants, Patrick Mulcahey, Anna Mulcahey, Albert Parsons, and Ruth Parsons, individually and as representatives of an uncertified class of persons similarly situated (collectively referred to as "the Plaintiffs"), are residential and commercial landowners...

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