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SCOTT v. DYNO NOBEL, INC.

No. 18-2897.

967 F.3d 741 (2020)

Teddy SCOTT; Melanie Scott, Plaintiffs-Appellants v. DYNO NOBEL, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 24, 2020.

Rehearing and Rehearing En Banc Denied August 28, 2020.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Robert W. Schmieder, II , of Saint Louis, MO.

Counsel who presented argument on behalf of the appellee was David M. Bennion , of Salt Lake City, UT. The following attorneys also appeared on the appellee brief; Brandon Mark, I , of Salt Lake City, UT., Alan S. Mouritsen , of Salt Lake City, UT.

Before LOKEN, COLLOTON, and KOBES, Circuit Judges.

Teddy and Melanie Scott commenced this diversity action alleging that a nitric acid manufacturing plant operated by Dyno Nobel, Inc. ("Dyno"), negligently emitted a cloud of nitric oxides that engulfed Teddy Scott and several others working at the Calumet Plant ("Calumet"), a neighboring facility in Louisiana, Missouri, causing Scott severe...

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