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CITY OF NEODESHA v. BP CORP. NORTH AMERICA

No. 101,183.

287 P.3d 214 (2012)

CITY OF NEODESHA, Kansas, et al., Appellees, v. BP CORPORATION NORTH AMERICA INC., BP America Inc., BP Products North America Inc., Atlantic Richfield Co., and BP America Production Co., Appellants.

Supreme Court of Kansas.

August 31, 2012.

Attorney(s) appearing for the Case

Richard C. Godfrey , of Kirkland & Ellis LLP, of Chicago, Illinois, argued the cause, and Andrew B. Bloomer , Catherine L. Fitzpatrick , Michael Chu , and Elizabeth J. Kappakas , of the same firm, and Richard C. Hite , Arthur S. Chalmers and F. James Robinson, Jr. , of Hite, Fanning & Honeyman, L.L.P., of Wichita, were with him on the briefs for appellants.

Daniel R. Young , of Edgar Law Firm LLC, of Kansas City, Missouri, argued the cause, and John M. Edgar , John F. Edgar , and David W. Edgar , of the same firm, and James P. Frickleton , of Bartimus, Frickleton, Robertson & Gorny, P.C., of Leawood, were with him on the brief for appellees.

The opinion of the court was delivered by BILES, J.:

All persons and entities owning real property in and around the City of Neodesha, Kansas, brought a class action against the owners of a former oil refinery, alleging groundwater and subsurface soil contamination caused by the now dismantled facility. A jury found in the defendants' favor after a 17-week trial. But in posttrial proceedings, the district court decided it had made a mistake in submitting the strict...

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