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STEPHENS v. KOCH FOODS, LLC

No. 2:07-CV-175.

667 F.Supp.2d 768 (2009)

Patricia STEPHENS, et al. v. KOCH FOODS, LLC. Patricia Stephens, et al. v. City of Morristown, Tennessee.

United States District Court, E.D. Tennessee, at Greeneville.

October 13, 2009.

Attorney(s) appearing for the Case

Gary A. Davis, Rebecca C. Vernetti, James S. Whitlock, Gary A. Davis & Associates, Hot Springs, NC, for Plaintiffs.

Gary C. Shockley, Baker, Donelson, Bearman & Caldwell, Nashville, TN, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Knoxville, TN, for Koch Foods, LLC.

Dan R. Pilkington, Jon G. Roach, Watson, Roach, Batson, Rowell & Lauderback PLC, Knoxville, TN, for City of Morristown, Tennessee.

MEMORANDUM OPINION

J. RONNIE GREER, District Judge.

The plaintiffs have filed this citizen's suit alleging violations of the Federal Water Pollution Control Act, commonly known as the Clean Water Act ("CWA"), 33 U.S.C. § 1251-1387 (2009), and state law nuisance, trespass, negligence, and inverse condemnation actions. This matter is before the Court on three separate motions for summary judgment. They are: (1) plaintiffs' motion for partial summary...

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