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RAY v. ASHLAND OIL, INC.

Nos. 2008-CA-000840-MR, 2008-CA-000861-MR, 2008-CA-001011-MR, 2008-CA-001086-MR.

389 S.W.3d 140 (2012)

Ballard RAY (Plaintiffs), Appellants, v. ASHLAND OIL, INC., and Ashland Exploration Holdings, Inc., Appellees, and Cara L. Hall, as the Administrator of the Estate of Tivis and Iney Lyon; Doug Hayden; Sheila Hayden; Samuel L. Horn; Ramona Horn; Con Lyons, Sr.; Kerlin Lyon; Doris Jean Pelphrey; And Ben Tackett, Appellants, v. Ashland Oil, Inc., and Ashland Exploration Holdings, Inc., Appellees, and James Hamilton; Judy Hamilton; Arvel Delong, Individually, and as Executor of the Estate of Garna Delong; Emerson Fyffe; Viola Fyffe, individually and as Next of Friend of Joshua Pennington; Amanda Pennington; Jeffrey Pennington; Charles Ross; Dorothy Ross; Junior Fyffe; Mary Fyffe, William McKenzie; Roselee McKenzie; Harold Mullins; Louise Mullins, Joe Ross; Wanda Ross; Jerry D. Ross; Velma Salyers, Individually and as Next of Friend of Earl Salyer and George Salyer; Phyllis Joan Skaggs; Joyce Ann Butler; and Wycliffe Butler, Appellants/Cross-Appellees, v. Ashland Oil, Inc., and Ashland Exploration Holdings, Inc., Appellees/Cross-Appellants.

Court of Appeals of Kentucky.

December 21, 2012.

Attorney(s) appearing for the Case

Joseph Lane , Prestonsburg, KY, for Appellants/Cross-Appellees.

Phillip D. Scott , Anne A. Chesnut , Brian M. Johnson , Lexington, John F. Billings , Nicholasville, Michael J. Schmitt , Paintsville, KY, for Appellees/Cross-Appellants.

Before COMBS, KELLER, and LAMBERT, Judges.

OPINION

LAMBERT, Judge:

These appeals by numerous property owners ("the plaintiffs" or "the appellants") and a protective cross-appeal from Ashland Oil, Inc., and Ashland Exploration Holdings, Inc. ("Ashland Oil"), arise from several toxic tort cases filed as a result of Ashland Oil's drilling operations in the Martha Oil Field. The appellants contend that the circuit court erred in dismissing their claims. Finding no error in the circuit court's...

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