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Cunningham v. Masterwear Corp., No. 08-1924

By FindLaw Staff on June 23, 2009 | Last updated on March 21, 2019

In a common law nuisance action, district court's grant of summary judgment for defendant is affirmed where plaintiffs failed to prove either personal injury or property damage, as they did not present evidence that the exposure to contaminants contributed to their ailments and did not present evidence that to establish the effect of the contamination on the value of their property. 

Read Cunningham v. Masterwear Corp., No. 08-1924

Appellate Information
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division.
Argued: October 29, 2008
Decided: June 23, 2009

Before POSNER, MANION, and KANNE, Circuit Judges.
Opinion by POSNER, Circuit Judge.

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