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SCHMUCKER v. JOHNSON CONTROLS, INC.

No. 20-3432.

9 F.4th 560 (2021)

Ronald SCHMUCKER, et al., Plaintiffs-Appellants, v. JOHNSON CONTROLS, INC., and Tocon Holdings, LLC, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 2021.

Attorney(s) appearing for the Case

Thomas A. Barnard , Attorney, Taft Stettinius & Hollister LLP, Indianapolis, IN, for Plaintiffs-Appellants.

Brian E. Casey , Attorney, Kelly Hartzler , Barnes & Thornburg LLP, South Bend, IN, Thomas J. Hall , Attorney, Lauren Lee , Attorney, Norton Rose Fulbright US LLP, New York, NY, for Defendant-Appellee.

Tocon Holdings LLC, Georgetown, IN, Pro Se.

Elizabeth Tisher , Attorney, City of Chicago Law Department, Chicago, IL, for Amicus Curiae City of Chicago.

Kelley A. Gandurski , Attorney, City of Evanston Law Department, Evanston, IL, for Amicus Curiae City of Evanston, Illinois.

Caroline Leary , Attorney, Environmental Working Group, Washington, DC, for Amicus Curiae Environmental Working Group.

Before Easterbrook, Rovner, and Hamilton, Circuit Judges.

Between 1937 and 2006 Johnson Controls and a predecessor operated a manufacturing plant in Goshen, Indiana. The plant used chlorinated volatile organic compounds in its degreasing agents, some of which reached the groundwater. Chlorinated organics slowly break down by losing chlorine atoms. The version with three chlorine...

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