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EASTMAN v. COFFEYVILLE RESOURCES REFINING

No. 105,805.

284 P.3d 1049 (2012)

Benjamin M. EASTMAN and Marcita K. Eastman, as Trustees of the Eastman Family 1999 Revocable Trust, Plaintiffs, v. COFFEYVILLE RESOURCES REFINING & MARKETING LLC, Defendant.

Supreme Court of Kansas.

September 7, 2012.

Attorney(s) appearing for the Case

Randall K. Rathbun , of Depew Gillen Rathbun & McInteer LC, of Wichita, argued the cause and was on the brief for plaintiffs.

Arthur E. Rhodes , of Smithyman & Zakoura, Chartered, of Overland Park, argued the cause, and Lee M. Smithyman and Veronica L. Dersch , of the same firm, and Edmund S. Gross , of CVR Energy, Inc., of Kansas City, were with him on the brief for defendant.

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

In 2007, Coffeyville Resources Refining and Marketing, LLC (Coffeyville Resources) accidentally released about 90,000 gallons of crude oil into floodwaters of the Verdigris River in Coffeyville. In 2010, Benjamin and Marcita Eastman, as Trustees of the Eastman Family 1999 Revocable Trust (the Eastmans), filed an action in federal court alleging the oil spill damaged their pecan grove. Eastman v. Coffeyville...

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