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NEUSE RIVER FOUNDATION v. SMITHFIELD FOODS

Nos. COA01-1204, COA01-1205.

574 S.E.2d 48 (2002)

NEUSE RIVER FOUNDATION, INC.; Richard J. Dove; D. Bouton Baldrige, d/b/a the Cape Fear Riverkeeper; New River Foundation, Inc.; Tom Mattison, d/b/a the New Riverkeeper; and The Water Keeper Alliance, Plaintiffs, v. SMITHFIELD FOODS, INC.; Carroll's Foods, Inc.; Brown's of Carolina, Inc.; Murphy Farms, Inc.; Wendell H. Murphy, Sr.; Individually; Wendell H. Murphy, Jr., Individually; and Joseph W. Luter, III, Defendants. Thomas E. Jones; Bill Harper; Mary Ann Harrison; Natalie Salter Baggett; Don Webb; Charles Rogers Hughes; Craig Crumpler; Sidney Whaley; Margaret Hanrahan Jones; David Lee Jones; Seth Austin Willis; Eric Mark Blettner; Fred Rohde; and Neil Julian Savage, Plaintiffs, v. Smithfield Foods, Inc.; Carroll's Foods, Inc.; Brown's of Carolina, Inc.; Murphy Farms, Inc.; Wendell H. Murphy, Sr.; Individually; Wendell H. Murphy, Jr., Individually; and Joseph W. Luter, III, Defendants.

Court of Appeals of North Carolina.

December 31, 2002.

Attorney(s) appearing for the Case

Abrams & Abrams, P.A., by Douglas B. Abrams; Womble, Carlyle, Sandridge & Rice, PLLC, by Burley B. Mitchell, Jr., Raleigh, for plaintiff-appellants.

Ward and Smith, P.A., by Gary J. Rickner, New Bern; McGuire Woods, LLP, by Anne Marie Whittemore, Richmond; Cheshire, Parker, Schneider, Wells & Bryan, by Joseph B. Cheshire, V, Raleigh; and J. Phil Carlton, Pinetops, for defendant-appellees.

THOMAS, Judge.

Plaintiffs filed suit in these cases seeking two forms of relief. They ask for the establishment of a "Court Approved Trust" to pay for the complete remediation of several of North Carolina's waterways as well as a prohibition of defendants' use of swine lagoons and sprayfields.

Plaintiffs do not pray for individual compensation.

The trial court dismissed their claims under Rules 12(b)(1) and 12(b)(6) of the North Carolina Rules of Civil...

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