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COFFEY v. FREEPORT McMORAN COPPER & GOLD

No. 09-6106.

581 F.3d 1240 (2009)

Bob COFFEY; Loretta Corn; Larry Jones; Mary Ellen Jones; John Doe, and all those similarly situated, Plaintiffs-Appellees, v. FREEPORT McMORAN COPPER & GOLD; Blackwell Zinc Company, Inc.; Phelps Dodge Corporation; Cyprus Amax Minerals Company, Defendants-Appellants, and Amax, Inc., f/k/a American Metal Company; Blackwell Industrial Authority; BNSF Railway Company, f/k/a Burlington Northern Santa Fe Railway Company, Defendants.

United States Court of Appeals, Tenth Circuit.

September 4, 2009.

Attorney(s) appearing for the Case

Marie R. Yeates, Vinson & Elkins, LLP, Houston, TX (Morgan L. Copeland, Jr.; Lewis C. Sutherland, Vinson & Elkins, LLP, Houston, TX; Sandra G. Rodriguez, Vinson & Elkins, LLP, Austin, TX; Reid E. Robison, McAfee & Taft, Oklahoma City, OK; Kevin E. O'Malley, Gallagher & Kennedy, P.A., Phoenix, AZ, with her on the briefs), for Defendants-Appellants.

Nelson J. Roach, (Keith L. Langston with him on the brief), of Nix, Patterson & Roach, LLP, Dangerfield, TX, for Plaintiffs-Appellees.

Before TACHA, ANDERSON, and MURPHY, Circuit Judges.

PER CURIAM.

Plaintiffs-Appellees Bob Coffey, Loretta Corn, Larry Jones, and Mary Ellen Jones filed a class action in state court in Oklahoma on behalf of themselves and all other similarly situated persons asserting state law claims based on the defendants' alleged contamination of their property through operation of the Blackwell Zinc Smelter in Blackwell, Oklahoma. Freeport McMoRan Copper & Gold, Phelps Dodge Corporation...

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