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MUSGRAVE v. ALUMINUM CO. OF AMERICA, INC.

No. 87A04-1205-CT-276.

995 N.E.2d 621 (2013)

Billy L. MUSGRAVE, Jr., and Kim A. Musgrave, Appellants-Plaintiffs, v. The ALUMINUM COMPANY OF AMERICA, INC. and Alcoa Fuels, Inc., Appellees-Defendants.

Court of Appeals of Indiana.

August 6, 2013.

Attorney(s) appearing for the Case

Peter M. Racher , Theresa M. Willard , Plews Shadley Racher & Braun LLP, Indianapolis, IN, Attorneys for Appellants.

Mark David Gerth , Brent R. Weil , Kightlinger & Gray LLP, Indianapolis, IN, Thomas E. Birsic , Michael J.R. Schalk , Andrew R. Stanton , Gregory T. Sturges , K & L Gates LLP, Pittsburgh, PA, Rene P. Tatro , Tatro Tekosky Sadwick LLP, Los Angeles, CA, Attorneys for Appellees.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE1

In 2006, Bil and Kim Musgrave filed suit against The Aluminum Company of America, Inc. ("Alcoa") and its wholly owned subsidiary, Alcoa Fuels, Inc. ("Alcoa Fuels"). According to their complaint, Bil had been exposed to Alcoa's toxic chemicals both in the course of his work on land owned by Alcoa Fuels and his recreational...

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