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Bradley v. American Smelting & Refining Co.

Washington Supreme Court

709 P.2d 782 (1984)

Facts

Microscopic gaseous particles from the American Smelting and Refining Company’s (ASARCO) (defendant) factory floated onto the property of Bradley and other nearby landowners (plaintiffs). The plaintiffs brought suit for trespass and nuisance. Both the plaintiffs and ASARCO filed a motion for summary judgment. The United States District Court for the Western District of Washington certified the case for the Supreme Court of Washington.

Rule of Law

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Issue

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Holding and Reasoning (Callow, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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