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FREDERICK v. UNION CARBIDE CORPORATION

No. 547-F.

168 F.Supp. 808 (1959)

Ernest FREDERICK and Catherine Ann Frederick, Plaintiffs, v. UNION CARBIDE CORPORATION, a Corporation, Defendant.

United States District Court N. D. West Virginia, at Clarksburg.

January 6, 1959.

Attorney(s) appearing for the Case

Joseph T. Michael and James Cann, Clarksburg, W. Va., for plaintiffs.

James M. Guiher and Kingsley R. Smith (Steptoe & Johnson), Clarksburg, W. Va., for defendant.

HARRY E. WATKINS, Chief Judge.

This is an action for damages to plaintiffs' grocery store in Anmoore, Harrison County, West Virginia, arising out of a flood of August 5, 1956. Plaintiffs contend that defendant's negligence in maintaining an improper floodgate and wire mesh fence over a stream near plaintiffs' store impeded the flow of debris-carrying flood water in that stream, causing the water to dam up and rise into plaintiffs' store. Defendant denies negligence...

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