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FREEMAN v. BLUE RIDGE PAPER PRODUCTS, INC.

No. 08-6321.

551 F.3d 405 (2008)

Beth FREEMAN, Individually, and on behalf of all others similarly situated, Plaintiff-Appellee, v. BLUE RIDGE PAPER PRODUCTS, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 29, 2008.

Attorney(s) appearing for the Case

ARGUED: Linda J. Hamilton Mowles, Lewis, King, Krieg & Waldrop, P.C., Knoxville, Tennessee, for Appellant. Gordon Ball, Ball & Scott Law Offices, Knoxville, Tennessee, for Appellee. ON BRIEF: Linda J. Hamilton Mowles, Lewis, King, Krieg & Waldrop, P.C., Knoxville, Tennessee, for Appellant. Gordon Ball, Ball & Scott Law Offices, Knoxville, Tennessee, for Appellee.

ROGERS, J., delivered the opinion of the court, in which RESTANI, J., joined. DAUGHTREY, J. (pp. 410-11), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

This class action for nuisance in the form of water pollution from a paper mill involves an effort by plaintiffs to avoid removal to federal court under the Class Action Fairness Act (CAFA) of 2005. Pub.L. No. 109-2, 119 Stat. 4 (codified in scattered sections of 28 U.S.C.). Plaintiffs divided their suit into five separate suits covering distinct six-month time periods, with plaintiffs' limiting the total damages for each suit...

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