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TOTAL RENAL CARE, INC. v. CHILDERS OIL COMPANY

Civil Action No. 10-33-ART.

743 F.Supp.2d 609 (2010)

TOTAL RENAL CARE, INC., Plaintiff, v. CHILDERS OIL COMPANY, et al., Defendants.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

September 28, 2010.

Attorney(s) appearing for the Case

J. Steven Kirkham , Michael T. Harmon , W. Travis Parham , Waller, Lansden, Dortch & Davis, LLP, Nashville, TN, for Plaintiff.

Drew Byron Meadows , J. Dale Golden , Melissa Mae Thompson , Golden & Walters PLLC, Lexington, KY, for Defendants.

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

Disaster strikes. An oil spill contaminates a river and poisons a city's water supply. The environmental calamity affects many property owners and businesses in the city, several of whom sue the oil company responsible for the spill in state court. But one of the businesses harmed by the spill decides to sue the oil company in federal court. Should the federal court dismiss the case because the...

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