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KRAHWINKEL v. COMMONWEALTH ALUMINUM CORP.

No. 2003-SC-0708-DG, 2004-SC-0219-DG.

183 S.W.3d 154 (2005)

Lewis F. KRAHWINKEL, Jr., Appellant/Cross-Appellee, v. COMMONWEALTH ALUMINUM CORPORATION, Appellee/Cross-Appellant.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing February 23, 2006.

Attorney(s) appearing for the Case

Jeanie Owen Miller, Owensboro, Counsel for Appellant/Cross-Appellee.

Marvin P. Nunley, McCarroll, Nunley & Hartz, Owensboro, Counsel for Appellee/Cross-Appellant.

COOPER, Justice.

Appellee, Commonwealth Aluminum Corporation ("Commonwealth") contracted with Intech-Industrial Technology, Inc. ("Intech") for the purchase and installation of a new fluid capture system in its industrial plant. The contract required Intech to install a large tank in the basement of the plant into which groundwater containing PCBs would be pumped for containment and disposal. On January 24, 1996, the tank...

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