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MEHLENBACHER v. AKZO NOBEL SALT, INC.

No. 99-9469.

216 F.3d 291 (2000)

Terry MEHLENBACHER, Lyn Mehlenbacher, Nancy Glazier, Kirk Richenberg, William Benson, Deborah Benson, John Miliken, Individually and d/b/a Cuylerville Service, John Hendrickson, Individually, The Shepard's Fold Church, by John Hendrickson, its Pastor, John Argennia, Phyllis Argennia, Individually and d/b/a Argennia's Restaurant, Mark Bailey, Brenda Bailey, Earl Hill, Karen Hill, Timothy Jacobs, Melissa Jacobs, Gary Myers, Cindy Morrison, Gary Murphy and Carol Murphy, Individually and on behalf of all those similarly situated, Plaintiffs-Appellants, v. AKZO NOBEL SALT, INC., formerly known as Akzo Salt, Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 20, 2000.

Attorney(s) appearing for the Case

Richard J. Lippes, Allen & Lippes, Buffalo, N.Y., for Plaintiffs-Appellants.

Kenneth A. Payment, Harter, Secrest & Emery LLP, Rochester, N.Y. (A. Paul Britton, on the brief), for Defendant-Appellee.

Before: McLAUGHLIN and CALABRESI, Circuit Judges, and MUKASEY, District Judge.

CALABRESI, Circuit Judge:

This action arose out of the collapse of a salt mine owned by defendant Akzo Nobel Salt, Inc. ("Akzo"). Plaintiffs, who own property in the area surrounding the mine, seek to recover for, inter alia, diminution in the value of that property stemming from public fear of the mine collapse; some, but not all, plaintiffs also seek recovery for physical damage to their property. In a final order...

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