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SCHEUFLER v. GENERAL HOST CORP.

Civil Action No. 91-1053-FGT.

915 F.Supp. 236 (1995)

Ted and Debra SCHEUFLER, husband and wife; Paul and Elva Scheufler, husband and wife, Harvey Wilhaus; Alice M. Richmond; Mabel V. Colle Trust; Kenneth D. and Eileen P. Knapp, husband and wife; Peirce Knapp Farms, Inc., by Walter C. Peirce, President; Violet Stockham, Coll-Mor Farm, Inc. and Lee Scheufler, Plaintiffs, v. GENERAL HOST CORPORATION, a New York Corporation, Defendant.

United States District Court, D. Kansas.

October 24, 1995.

Attorney(s) appearing for the Case

Casey R. Law, Bremyer & Wise, P.A., McPherson, KS, H. Lee Turner, H. Lee Turner, P.A., Great Bend, KS, for Ted Scheufler, Debra Scheufler, Paul Scheufler, Elva Scheufler, Harvey Wilhaus, Alice M. Richmond, Mable V. Colle, and Violet Stockham.

H. Lee Turner, H. Lee Turner, P.A., Great Bend, KS, for Kenneth D. Knapp.

Casey R. Law, Bremyer & Wise, P.A., McPherson, KS, H. Lee Turner, H. Lee Turner, P.A., Great Bend, KS, Kenneth E. Peirce, Turner & Boisseau, Chtd., Hutchinson, KS, for Eileen Knapp and Peirce Knapp Farms, Inc.

Thomas D. Kitch, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, William R. Sampson, Bill J. Hays, Paul W. Rebein, Shook, Hardy & Bacon, Overland Park, KS, Rodney Zerbe, Thomas F. Munno, William F. Downey, Dechert, Price & Rhoads, New York City, for General Host Corp.

MEMORANDUM AND ORDER

THEIS, District Judge.

This is a nuisance action brought by several landowners and some of their tenants who claimed that the groundwater underlying their properties was polluted by salt which escaped from the American Salt plant in Lyons, Kansas, and into the Cow Creek Aquifer. At the relevant time, the salt plant was owned by a wholly owned subsidiary of the defendant, General Host. Trial of this matter resulted in a verdict...

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