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BRADY v. ABBOTT LABORATORIES

No. 04-15257.

433 F.3d 679 (2005)

Ernest Eugene BRADY, husband; Marritta Kay Brady, wife; James Dean Brady, husband; Flossie Marie Brady, wife, Plaintiffs-Appellees, v. ABBOTT LABORATORIES, an Illinois corporation (including Ross Products Division of Abbor Laboratories, improperly named), Defendant-Appellant, and ABC Entities, I-X; John/Jane Does, I-X; Ross Products, a Division of Abbott Laboratories, Inc., Defendants.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2005.

Attorney(s) appearing for the Case

John C. Lemaster, Ryley Carlock & Applewhite, Phoenix, AZ, for the defendant-appellant.

Brad K. Keogh, Phoenix, AZ, for the plaintiffs-appellees.

Before: FARRIS, TASHIMA, and CALLAHAN, Circuit Judges.

TASHIMA, Circuit Judge:

This is a diversity action arising under Arizona law and stems from Abbott Laboratories' ("Abbott") construction of a basement beneath its manufacturing facility. After a bench trial, the district court awarded judgment in favor of plaintiffs, Ernest Eugene Brady, Marritta Kay Brady, James Dean Brady, and Flossie Marie Brady (collectively, the "Bradys") for the illegal removal of groundwater, causing the water table below the Bradys' adjacent...

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