Kenesha L. BARNES, on behalf of the ESTATE OF Sherrie BARNES, Deceased, Plaintiff-Appellee-Cross-Appellant,
v.
KOPPERS, INC.; Beazer East, Inc., formerly known as Beazer Materials and Services, Defendants-Appellants-Cross-Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
June 30, 2008.
June 30, 2008.
Attorney(s) appearing for the Case
Hunter W. Lundy, Lundy & Davis, David Harmon Hanchey, The Hanchey Law Firm, LLC, Lake Charles, LA, Frank S. Thackston, Jr. (argued), Lake Tindall, John H Daniels, III, Dyer, Dyer, Jones & Daniels, Greenville, MS, Andre Francis Ducote (argued), Lundy & Davis, Jackson, MS, William Monroe Quin, II, The Quin Firm, Boonesville, MS, for Barnes.
Christopher A. Shapley (argued), William Easom Jones, III, Joseph Anthony Sclafani, Robert L. Gibbs, Brunini, Grantham, Grower & Hewes, Reuben V. Anderson, Phelps Dunbar, Jackson, MS, Cal R. Burnton (argued), Wildman, Harrold, Allen & Dixon, Chicago, IL, for Koppers, Inc.
Michael Thomnas Dawkins, Jennifer Graham Hall, Baker Donelson Bearman, Caldwell & Berkowitz, Jackson, MS, for Mississippi Mfrs. Ass'n, Amicus Curiae.
Before JONES, Chief Judge, and GARWOOD and JOLLY, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
EDITH H. JONES, Chief Judge:
Kenesha Barnes ("Barnes") filed suit against Koppers, Inc. ("Koppers") and Beazer East, Inc. ("Beazer"), alleging that the companies' operations of a wood treatment plant in Grenada, Mississippi, released environmental contamination that caused her mother's death from breast cancer. Koppers and Beazer moved unsuccessfully for summary judgment on the ground that Barnes's claims were barred by Mississippi...
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