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Boggs v. Divested Atomic Corp.

United States District Court for the Southern District of Ohio
141 F.R.D. 58 (1991)


Teresa Boggs and seven others (plaintiffs) lived within six miles of the Portsmouth Gaseous Diffusion Plant (Plant), which had been processing radioactive materials since the 1950s. The plaintiffs sued Divested Atomic Corporation and Martin Marietta Energy Systems (defendants), the former and current operators of the Plant, for personal injury and property damage caused by the Plant’s unlawful emission of hazardous materials. The plaintiffs sought to proceed as a class action in which they would represent all current and former residents, property owners, and lessees who lived within six miles of the Plant and had been subjected to its harmful emissions. The defendants opposed class certification.

Rule of Law


Holding and Reasoning (Kinneary, J.)

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