Mehlenbacher v. Akzo Nobel Salt, Inc.

CALABRESI, Circuit Judge:

This action arose out of the collapse of a salt mine owned by defendant Akzo Nobel Salt, Inc. (“Akzo”). Plaintiffs, who own property in the area surrounding the mine, seek to recover for, inter alia, diminution in the value of that property stemming from public fear of the mine collapse; some, but not all, plaintiffs also seek recovery for physical damage to their property. In a final order, the United States District Court for the Western District of New York (David G. Larimer, Chief Judge) granted summary judgment to Akzo as to the claims of those plaintiffs who…