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RHODES v. E.I. DU PONT DE NEMOURS AND CO.

No. 10-1166.

636 F.3d 88 (2011)

William R. RHODES; Russell H. Miller; Valori A. Mace, Plaintiffs-Appellants, v. E.I. DU PONT DE NEMOURS AND COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 8, 2011.

Attorney(s) appearing for the Case

ARGUED: Robert A. Bilott , Taft, Stettinius & Hollister, LLP, Cincinnati, Ohio, for Appellants. Charles Glaston Cole , Steptoe & Johnson, LLP, Washington, D.C., for Appellee. ON BRIEF: John B. Nalbandian , Aaron M. Herzig , Heidi H. Trimarco , Taft, Stettinius & Hollister, LLP, Cincinnati, Ohio; J. Steven Justice , Taft, Stettinius & Hollister, LLP, Dayton, Ohio; R. Edison Hill , Harry G. Deitzler , Hill, Peterson, Carper, Bee & Deitzler, PLLC, Charleston, West Virginia; Larry A. Winter , Winter, Johnson & Hill, PLLC, Charleston, West Virginia, for Appellants. Jennifer Quinn-Barabanov , Patricia B. Paredes , Steptoe & Johnson, LLP, Washington, D.C., for Appellee.

Affirmed in part; dismissed in part by published opinion. Judge KEENAN wrote the opinion, in which Judge NIEMEYER and Judge DUNCAN joined.

OPINION

KEENAN, Circuit Judge:

This case arose under the district court's diversity jurisdiction and involves the contamination of a public water supply in Parkersburg, West Virginia. We consider whether the plaintiffs, individuals who consumed the water but have not become ill as a result, demonstrated an injury sufficient to survive summary judgment on certain West Virginia common law tort claims. We also review the district court's rulings denying class...

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