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ELLIS v. GALLATIN STEEL CO.

Nos. 02-6421, 02-6422, 02-6429, 02-6478.

390 F.3d 461 (2004)

Richard ELLIS, Executor of the Estate of Vernon Ellis, Richard Ellis, Thomas Ellis, and Laverne Brashear, Plaintiffs-Appellants (02-6421)/Cross-Appellees, v. GALLATIN STEEL COMPANY (02-6429) and HARSCO CORPORATION (02-6422/6478), Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 26, 2004.

Attorney(s) appearing for the Case

ARGUED: Jeffrey M. Sanders, Sanders, Tismo & Assoc., Ft. Thomas, Kentucky, for Appellants. John C. Bender, Greenebaum, Doll & McDonald, Lexington, Kentucky, John B. Nalbandian, Taft, Stettinius & Hollister, Cincinnati, Ohio, for Appellees. ON BRIEF: Jeffrey M. Sanders, Sanders, Tismo & Assoc., Ft. Thomas, Kentucky, James M. Hecker, Trial Lawyers for Public Justice, Washington, D.C., Jonathan A. Conte, Cincinnati, Ohio, for Appellants. John C. Bender, David A. Owen, Greenebaum, Doll & McDonald, Lexington, KY, John B. Nalbandian, Thomas T. Terp, Sr., Taft, Stettinius & Hollister, Cincinnati, Ohio, for Appellees.

Before: SILER, DAUGHTREY, and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

Gallatin Steel Company manufactures steel and Harsco Corporation processes slag (a steel byproduct) on adjacent pieces of property in rural Kentucky. In addition to steel and slag, both operations produce a considerable amount of dust, what has come to be known in the regulatory world as "fugitive dust," a phrase that loses its redundancy when applied to dust particles that migrate...

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