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DICKENS v. OXY VINYLS, LP

Case No. 3:06CV-364-H.

631 F.Supp.2d 859 (2009)

Timothy DICKENS, et al., Plaintiffs v. OXY VINYLS, LP, Defendant.

United States District Court, W.D. Kentucky, Louisville Division.

July 1, 2009.

Attorney(s) appearing for the Case

Mark K. Gray, Matthew L. White, Franklin Gray & White, Louisville, KY, Peter W. Macuga, II, Steven D. Liddle, Macuga & Liddle, PC, Detroit, MI, for Plaintiffs.

Donald J. Kelly, M. Stephen Pitt, Rebecca F. Schupbach, Lisa Catherine DeJaco, Wyatt, Tarrant & Combs, LLP, Louisville, KY, for Defendant.

MEMORANDUM OPINION

JOHN G. HEYBURN, II, District Judge.

Timothy Dickens, along with seventy-one other named plaintiffs, ("Plaintiffs"), live on sixty properties in the "Rubbertown" area of Louisville, KY. Oxy Vinyls ("Defendant") operates a manufacturing facility (the "Oxy Vinyls Facility" or the "Facility") in that vicinity manufacturing polyvinyl chloride (PVC). Their lawsuit complains of emissions of fallout and noxious odors into the neighborhoods immediately...

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