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SMITH v. CARBIDE AND CHEMICALS CORP.

No. 2005-SC-000686-CL.

226 S.W.3d 52 (2007)

Warren SMITH and 127 Additional Appellants, Named in the Notice of Appeal, Appellants v. CARBIDE AND CHEMICALS CORPORATION; Union Carbide Corporation; Martin Marietta Energy Systems Incorporated; Martin Marietta Utility Services Incorporated; Lockheed Martin Energy Systems Incorporated; and Lockheed Martin Utility Services, Appellees.

Supreme Court of Kentucky.

June 21, 2007.

Attorney(s) appearing for the Case

James W. Owens, Paducah, Edmund J. Schmidt III, David Randolph Smith, Nashville, TN, Counsel for Appellants.

Robert E. Tait, Vorys, Saater, Seymour & Pease, LLP, Columbus, OH, Mark C. Whitlow, Whitlow, Roberts, Houston & Straub, Paducah, Counsel for Appellees.

Opinion of the Court by Justice SCHRODER.

Pursuant to CR 76.37(1), this Court granted the certification request of the United States Court of Appeals for the Sixth Circuit to answer the following questions of Kentucky law:

I. Is proof of actual harm required to state a claim for an intentional trespass? II. If the plaintiffs can prove a diminution in their property values due to an intentional trespass, do they have a right of recovery under Kentucky...

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