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MID-CONTINENT CAS. CO. v. CIRCLE S FEED STORE, LLC

No. 13-2006.

754 F.3d 1175 (2014)

MID-CONTINENT CASUALTY CO., Plaintiff-Appellee, v. CIRCLE S FEED STORE, LLC, Richard L. Menuey and Mary L. Menuey, Defendants-Appellants. and I & W, Inc., Defendant.

United States Court of Appeals, Tenth Circuit.

June 17, 2014.

Attorney(s) appearing for the Case

Jennifer L. Collins ( Robert J. Mroz with her on the briefs), Madison & Mroz, P.A., Albuquerque, NM, for Appellants.

Ken Slavin ( Shelly W. Rivas , with him on the brief), Kemp Smith LLP, El Paso, TX, for Appellee.

Before TYMKOVICH, SEYMOUR, and GORSUCH, Circuit Judges.

TYMKOVICH, Circuit Judge.

I & W, Inc. owned a solution mining operation in Carlsbad, New Mexico. Its operations formed a cavern under its own property, which grew so large it infringed upon the subsurface property of the nearby Circle S Feed Store, LLC. This cavern, in turn, caused subsidence and damages to Circle S's surface property. A New Mexico state court found I & W negligent and liable for damages its solution mining operations caused to Circle S's...

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