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BARNETTE v. GRIZZLY PROCESSING, LLC

Civil No. 10-77-ART.

809 F.Supp.2d 636 (2011)

Susan BARNETTE, et al., Plaintiffs, v. GRIZZLY PROCESSING, LLC, et al., Defendants.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

August 22, 2011.

Attorney(s) appearing for the Case

Ned Pillersdorf, Pillersdorf, Derossett & Lane, Prestonsburg, KY, for Plaintiffs.

Clyde Bishop Johnson, Jr., Stephen C. Cawood, Cawood & Johnson, PLLC, Pineville, KY, D. B. Kazee, Kazee Law Office, Prestonsburg, KY, Brian M. Johnson, Bruce E. Cryder, Joseph A. Tarantelli, Matthew A. Stinnett, Greenebaum, Doll & McDonald, PLLC, Lexington, KY, Michael J. Schmitt, Porter, Schmitt, Banks & Baldwin, Paintsville, KY, for Defendants.

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

Imagine walking outside every morning and finding a layer of black, soot-like dust on your home, car, and yard. You wipe it away, but it returns. Your children return from outside with black streaks on their clothes. You can no longer use your swimming pool because of the dust. Close to your home is a coal processing plant. You realize that your dust problems began around the time the Plant began...

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