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BROD v. OMYA, INC.

Docket No. 09-4551-cv.

653 F.3d 156 (2011)

Ernest BROD, Robert DeMarco, Beverly Peterson, Residents Concerned About Omya, an unincorporated association under Vermont law, on behalf of its members who are residents of Pittsford, Vermont living in close proximity to defendants' Florence facility, Plaintiffs-Appellants, v. OMYA, INC., Omya Industries, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 18, 2011.

Attorney(s) appearing for the Case

David K. Mears , Director of the Environmental and Natural Resources Law Clinic at Vermont Law School, South Royalton, VT, for Plaintiffs-Appellants.

Alan P. Biederman , Biederman Law Office, Edward V. Schwiebert and Hans G. Huessy , Kenlan Schwiebert Facey & Goss, P.C., Rutland, VT, for Defendants-Appellees.

Before: MINER, LEVAL, and WESLEY, Circuit Judges.

MINER, Circuit Judge:

Plaintiffs-appellants, Ernest Brod, Robert DeMarco, Beverly Peterson, and Residents Concerned about Omya (collectively, the "plaintiffs" or "RCO"), appeal from a judgment entered September 30, 2009, in the United States District Court for the District of Vermont (Niedermeier, M.J.), vacating so much of a summary judgment as held defendants-appellees Omya, Inc. and Omya Industries, Inc. (collectively, "Omya") liable for creating an "imminent...

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