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HOERY v. U.S.

No. 02SA241.

64 P.3d 214 (2003)

In re Robert N. HOERY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

February 24, 2003.

Attorney(s) appearing for the Case

The Hannon Law Firm, LLC, Tearle W.T. Harlan, Kevin S. Hannon, Denver, Colorado, Attorneys for Plaintiff-Appellant.

Henry T. Miller, Trial Attorney, United States Department of Justice Torts Branch, Civil Division, Washington, DC, Attorneys for Defendant-Appellee.

Justice BENDER delivered the Opinion of the Court.

I. INTRODUCTION

In this case, we agreed to answer two certified questions from the United States Court of Appeals for the Tenth Circuit regarding continuing trespass and nuisance under Colorado law. Pursuant to C.A.R. 21.1, the Tenth Circuit certified the following state law questions pertinent to an appeal pending in that court:

(1) Does the continued migration of toxic chemicals from defendant...

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