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Maryland Heights Leasing, Inc. v. Mallinckrodt, Inc.

706 S.W.2d 218 (1985)

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Maryland Heights Leasing, Inc. v. Mallinckrodt, Inc.

Missouri Court of Appeals
706 S.W.2d 218 (1985)

Facts

Maryland Heights Leasing, Inc. (Maryland) (plaintiff) leased property located near a plant operated by Mallinckrodt, Inc. (Mallinckrodt) (defendant). Mallinckrodt produced nuclear and radioactive medical pharmaceuticals and supplies. Maryland filed a claim against Mallinckrodt for nuisance, negligence, trespass, and engaging in ultrahazardous activities. Maryland alleged that Mallinckrodt damaged their property by the low-level radiation emissions from Mallinckrodt’s operations. Mallinckrodt filed a motion to dismiss, stating that the trial court did not have subject-matter jurisdiction because the claims are barred by the doctrines of federal preemption and political question.

Rule of Law

Issue

Holding and Reasoning (Simon, J.)

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