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MERCER v. ROCKWELL INTERN. CORP.

No. CIV. A. 187CV-106-H.

24 F.Supp.2d 735 (1998)

Dora and Connis MERCER, et al., Plaintiffs, v. ROCKWELL INTERNATIONAL CORPORATION, Defendant.

United States District Court, W.D. Kentucky.

September 1, 1998.

Attorney(s) appearing for the Case

Charles E. English, Jr., English, Lucas, Priest & Owsley, Bowling Green, Janet Jobe Crocker, Crocker & Wilkey, Franklin, Daniel R. Dolan, II, Dolan & Domenici, El Paso, TX, for Plaintiffs.

M. Stephen Pitt, J. Anthony Goebel, Donald J. Kelly, Wyatt, Tarrant & Combs, Louisville, Barry P. Goode, McCutchen, Doyle, Brown & Enersen, San Francisco, CA, for Defendants.

MEMORANDUM OPINION

HEYBURN, District Judge.

Defendant has once again moved for a dismissal. To begin, the Court has reviewed its previous opinions in this case to better assess their consistency throughout and now to better assess their application to the actual proof. Thereafter, the Court has completely reviewed its most important legal finding — the elements required for finding negligent trespass in these circumstances. That review of this complex...

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