City of Evansville, Indiana v. Kentucky Liquid Recycling, Inc.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
TONE, Circuit Judge.
Three Indiana municipal corporations that use water from the Ohio River bring this action to recover damages incurred because of defendants’ discharges of contaminants into the river from Kentucky. The most important question on this appeal is whether plaintiffs have stated a claim over which the district court had jurisdiction. We hold that a claim is stated under the federal common law of nuisance and that the court had jurisdiction pursuant to 28 U.S.C. § 1331.
Plaintiffs are Evansville, Indiana, the water works department of that city, and Mount Vernon, Indiana.…
2Cases cited56 opinions
- Bell v. HoodSupreme Court of the United States · 1946
- Califano v. SandersSupreme Court of the United States · 1977
- United States v. TestanSupreme Court of the United States · 1976
- Cort v. AshSupreme Court of the United States · 1975
- Davis v. PassmanSupreme Court of the United States · 1979
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3Cited by72 opinions
- Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
- Kimberly Mattoon v. City of PittsfieldCourt of Appeals for the First Circuit · 1992
- City of Philadelphia v. Stepan Chemical Co.District Court, E.D. Pennsylvania · 1982
- State of NY v. General Elec. Co.District Court, N.D. New York · 1984
- Connecticut v. American Elec. Power Co., Inc.Court of Appeals for the Second Circuit · 2009
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