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BARTLETT v. BROWNING-FERRIS INDUSTRIES

No. 98-341

726 So.2d 414 (1998)

J.W. BARTLETT, et al., Plaintiffs-Appellants, v. BROWNING-FERRIS INDUSTRIES CHEMICAL SERVICES, INC., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 21, 1999.

Attorney(s) appearing for the Case

Leonard Knapp, Jr., Raleigh Newman, and Donald Wayne McKnight, Lake Charles, for J.W. Bartlett.

Michael A. Chernekoff, Robert M. Contois, Jr., Thomas Michael Nosewicz, James Edward Wright, III, New Orleans, and John Richard Pohorelsky, Lake Charles, for Browning-Ferris Ind. Chemical Services.

Before PETERS, SULLIVAN and PICKETT, Judges.

PICKETT, Judge.

The plaintiffs appeal a judgment from the trial court vacating its prior decision and denying the plaintiffs' motion for class action. For the reasons set out below, we affirm.

FACTS

This appeal arises from a suit filed on November 20, 1980, by approximately 400 plaintiffs who live and/or own property near an open-pit hazardous waste disposal facility owned by Browning-Ferris Industries, Chemical Services, Inc. (BFI) and located in...

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