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WALDBURGER v. CTS CORP.

No. 12-1290.

723 F.3d 434 (2013)

Peter WALDBURGER; Sandra Ratcliffe; Lee Ann Smith; Tom Pinner, IV, a/k/a Bud Pinner, IV; Hans Momkes; Wilma Momkes; Walter Dockins, Jr.; Autumn Dockins; William Clark Lisenbee; Dan Murphy; Lori Murphy; Robert Aversano; Daniel L. Murphy; Laura A. Carson; Glen Horecky; Gina Horecky; Renee Richardson; David Bradley; Byron Hovey; Ramona Hovey; Peter Tatum MacQueen, IV; Bethan MacQueen; Patricia Pinner; Tom Pinner, III, a/k/a Buddy Pinner, III; Madeline Pinner, Plaintiffs-Appellants, v. CTS CORPORATION, Defendant-Appellee. United States of America, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 10, 2013.

Attorney(s) appearing for the Case

ARGUED: Emma A. Maddux , Third-Year Law Student, Wake Forest University, Winston-Salem, North Carolina, for Appellants. Earl Thomison Holman , Adams, Hendon, Carson, Crow & Saenger, PA, Asheville, North Carolina, for Appellee. Daniel Tenny , United States Department of Justice, Washington, D.C., for Amicus Supporting Appellee. ON BRIEF: John J. Korzen , Director, Hillary M. Kies , Third-Year Law Student, Wake Forest University, Winston-Salem, North Carolina, for Appellants. Stuart F. Delery , Acting Assistant Attorney General, Thomas M. Bondy , United States Department of Justice, Washington, D.C.; Anne Tompkins , United States Attorney, Charlotte, North Carolina, for Amicus Supporting Appellee.

Reversed and remanded by published opinion. Judge FLOYD wrote the majority opinion, in which Judge DAVIS joined. Judge DAVIS wrote a separate concurring opinion. Judge THACKER wrote a dissenting opinion.

FLOYD, Circuit Judge:

In 2009, Appellants David Bradley and Renee Richardson received unwelcome news: Their well water contained concentrated levels of trichloroethylene (TCE) and cis-1, 2-dichloroethane (DCE), both solvents that have carcinogenic effects. Not surprisingly, Bradley and Richardson, and twenty-three other landowners (collectively, "the landowners"), brought a nuisance action against Appellee CTS Corporation (CTS), the alleged perpetrator. Concluding...

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