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McEVOY v. IEI BARGE SERVICES, INC.

Nos. 09-3494, 09-3495.

622 F.3d 671 (2010)

Charles McEVOY, Plaintiff-Appellant, and KKL Development, LLC, et al., Plaintiffs-Appellants, v. IEI BARGE SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 7, 2010.

Attorney(s) appearing for the Case

Pamela R. McGillivray , McGillivray, Westerberg & Bender, Madison, WI, for Plaintiff-Appellant.

John A. Simon , Drinker Biddle & Reath, LLP, Chicago, IL, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and BAUER and WOOD, Circuit Judges.

WOOD, Circuit Judge.

East Dubuque, Illinois, is a small town on the Mississippi River. One local company that has profited from the river's proximity is IEI Barge Services, Inc. ("IEI"). IEI stores coal in an outdoor pile and loads it onto river barges. As the coal is moved around, coal dust is thrown off into the air. One of IEI's neighbors, Charles McEvoy, objected to the coal dust from IEI's operations, because it was drifting into his home; he filed suit in federal...

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