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COOS COUNTY v. KIMBERLY-CLARK CORPORATION

No. 11-6127-TC.

COOS COUNTY, a county organized under the laws of Oregon, Plaintiff, v. KIMBERLY-CLARK CORPORATION, a Delaware corporation, Defendant.

United States District Court, D. Oregon, Eugene Division.

March 5, 2012.

Attorney(s) appearing for the Case

Coos County, a County organized under the laws of Oregon, Plaintiff, represented by Dominic M. Carollo, Law Offices of Ronald S. Yockim & Ronald S. Yockim, Ronald S. Yockim, Attorney at Law.

Kimberly-Clark Corporation, a Delaware corporation, Defendant, represented by Eric J. Neiman, Williams Kastner & Gibbs, PLLC, George S. Pitcher, Williams Kastner & Gibbs, PLLC, Kevin Meek, Baker Botts LLP, Pro Hac Vice, Radney H. Wood, Baker Botts LLP, Pro Hac Vice & Robert I. Howell, Baker Botts LLP, Pro Hac Vice.

OPINION AND ORDER

THOMAS M. COFFIN, Magistrate Judge.

Millions of years ago, streams discharged sediment eroded from the Klamath mountains, forming an ancient beach which runs roughly parallel to the present-day coastline in Coos County, Oregon. Continual wave action drove the sediment to the shore where heavy minerals settled, eventually creating an alluvial deposit. Over the intervening millennia between two to sixty feet of overburden covered the ancient...

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