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OUELLETTE v. INTERNATIONAL PAPER CO.

Civil A. No. 78-163.

666 F.Supp. 58 (1987)

Harmel OUELLETTE, Lila Ouellette, Clifton Browne, Edla Browne, Aldee Plouffe, Shirley Plouffe, individually and on behalf of themselves, and on behalf of all similarly situated, Plaintiffs and H. Vaughn Griffin, Sr., Ardoth Griffin, Alan Thorndike, Ellen Thorndike, Wesley C. Larrabee, Virginia Larrabee, F. Alfred Paterson, Jr. and Lois T. Paterson, Plaintiff-Intervenors v. INTERNATIONAL PAPER COMPANY.

United States District Court, D. Vermont.

August 3, 1987.

Attorney(s) appearing for the Case

Peter Langrock, and Emily Joselson, Langrock, Sperry, Parker & Wool, Middlebury, Vermont, for plaintiffs.

Spencer Knapp, Dinse, Erdmann & Clapp, Burlington, Vermont, and Roy Reardon, Robert Bourque, Jennifer Manley, and Martha Wolfe, Simpson, Thacher & Bartlett, New York City, for defendant.

COFFRIN, Chief Judge.

This class action was filed almost nine years ago by Vermont landowners to recover injunctive and compensatory relief for damages from alleged water and air pollution produced by defendant's operation of a paper mill in Ticonderoga, New York. Presently pending before the court is defendant's motion to dismiss plaintiffs' cause of action concerning the alleged air pollution. For the reasons set forth below, we DENY defendants' motion.

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