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HEATH v. WAL-MART STORES, INC.

No. 99-63-C-B/S.

181 F.Supp.2d 984 (2002)

Terry L. HEATH and Martha J. Heath, Plaintiffs, v. WAL-MART STORES, INC., et al., Defendants.

United States District Court, S.D. Indiana, New Albany Division.

January 23, 2002.

Attorney(s) appearing for the Case

Peter M. Burrel, Schwartz Manes & Ruby, Cincinnati, OH, Richard A. Butler, Lawrenceburg, IN, for Plaintiffs.

Larry L. Eaton, Eaton & Romweber, Versailles, IN, James I. Weprin, Froelich & Weprin, Dayton, OH, for Defendants.

ORDER DENYING DEFENDANT CESO'S MOTION TO DISMISS AND REQUESTS FOR SANCTIONS

BARKER, District Judge.

Plaintiffs Terry L. Heath and Martha J. Heath brought suit against Wal-Mart Stores, Inc. ("Wal-Mart"), C.E.S.O., Inc. ("CESO"), and Cleveland Construction, Inc. ("Cleveland") to recover damages suffered during the flooding of their property. They allege that Defendants caused a nuisance to upper riparian landowners when they built a Wal-Mart...

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