TRIMBLE v. ASARCO, INC.

No. 99-2894.

232 F.3d 946 (2000)

Von R. TRIMBLE, Jr., on his own behalf and on behalf of others similarly situated; Douglas S. Campbell, on his behalf and on behalf of others similarly situated; Marci Campbell, on her own behalf and on behalf of others similarly situated, Plaintiffs-Appellants. Jimmie Grosvenor, on his behalf and on behalf of others similarly situated, Plaintiff. Georgia Grosvenor, on her own behalf and on behalf of others similarly situated; Matt Ferro, on his own behalf and on behalf of others similarly situated; John C. Pieper, on his own behalf and on behalf of others similarly situated; Sylvia Curtis, Plaintiffs-Appellants. Ernest Deplanty, Plaintiff. Darell Young, Plaintiff-Appellant. v. ASARCO, INC., a New Jersey Corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 28, 2000.


Attorney(s) appearing for the Case

David Hoff, argued, Seattle, Washington (Richard A. DeWitt and Robert S. Lannin, Omaha, Nebraska, on the brief), for Plaintiffs-Appellants.

Steven J. Rosenbaum, argued, Washington, DC (Peter J. Nickles, Elliot Schulder, Thomas L. Cobbage, III, and Stephen M. Bruckner, on the brief), for Defendant-Appellee.

Before McMILLIAN, FLOYD R. GIBSON and MORRIS SHEPPARD ARNOLD, Circuit Judges.


McMILLIAN, Circuit Judge.

Plaintiffs, a putative class of over 30,000 current and future residents of a geographic area near a former lead smelter and refinery (hereinafter "the site" or "the Asarco site") located in Omaha, Nebraska, appeal from a final judgment entered in the United States District Court2 for the District of Nebraska dismissing for lack of subject matter jurisdiction their third amended complaint against Asarco, Inc....

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