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FOLLOWELL v. U.S.

No. 07-3017.

532 F.3d 707 (2008)

Cheryl Jane FOLLOWELL, As Executrix of the Estate of Betty Jane Gurley; Gurley Refining Company, a Partnership; William M. Gurley, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 3, 2008.

Attorney(s) appearing for the Case

James W. Gentry, Jr., Chattanooga, TN; and, James E. Bailey III, Memphis, TN, for appellant.

Richard M. Gladstein, John T. Stahr, and Jennifer L. Scheller, Washington, D.C., for appellee.

Before LOKEN, Chief Judge, BEAM and BYE, Circuit Judges.

BYE, Circuit Judge.

Cheryl Followell, as executrix, brings this action on behalf of the estate of her deceased mother, Betty Gurley. Followell and Gurley Refining Company ("GRC") (collectively, "Plaintiffs") appeal an order of the district court1 dismissing this action for failure to state a claim. We affirm.

The dispute between Plaintiffs and the Environmental Protection Agency ("EPA...

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