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JOHANSEN v. COMBUSTION ENGINEERING, INC.

No. 97-8726.

170 F.3d 1320 (1999)

Cheryl Maloof JOHANSEN, Mildred D. Goldman, et al., Plaintiffs-Appellees, Cross-Appellants, Aubrey G. McGill, William E. Jones, Raymond H. Jones, Martha Jones Long, et al., Plaintiffs, v. COMBUSTION ENGINEERING, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 1, 1999.

Attorney(s) appearing for the Case

James J. Brissette, Atlanta, GA, Andrew L. Frey, Mayer Brown, Evan M. Tager, Washington, DC, for Appellants.

John M.B. Lewis, IV, Huguenin, Annis & Lewis, John C. Bell, Jr., Bell & James, Augusta, GA, William A. Pannell, Alpharetta, GA, Kenneth J. Chesebro, Cambridge, MA, for Appellees.

Before ANDERSON and BARKETT, Circuit Judges, and HILL, Senior Circuit Judge.

HILL, Senior Circuit Judge:

Property owners brought a nuisance and trespass action against the present owner of a former mining site, Combustion Engineering, Inc. ("CE"), alleging that acidic water had escaped from the site, damaging streams that run through their properties. The jury awarded the owners an aggregate of $47,000 in compensatory damages and $45 million in punitive damages which the district court reduced to $4.35 million. All parties have appealed.<...

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