Spelter Smelter Class Action Lawsuit Back in Court

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Feb 22, 2007

Posted Thursday, February 22, 2007 ; 06:07 PM
Updated Thursday, February 22, 2007 ; 06:24 PM

Two major developments at Thursday's hearing.

CLARKSBURG -- It has been more than 30 years since the zinc smelting plant in Spelter in Harrison County closed, but residents are still dealing with the plant's aftermath.

Several residents attended a monthly status hearing for the Spelter Smelter class action lawsuit Thursday afternoon in Harrison County Circuit Court.

Those parties that have opted out of the case and which defendants are being released from the lawsuit were the two main issues of the hearing.

Plaintiffs in the case allege the Spelter Smelter facility released hazardous substances, including arsenic, cadmium and lead, onto their properties.

Attorneys for the plaintiffs said there were about 7,200 properties affected by this case, 133 of them have opted out of the class action suit.

All parties involved agreed to dismiss two of the defendants - Joe Paushel and Nuzum Trucking Company. The parties did not agree to formally dismiss T.L. Diamond and Company, but will discuss their involvement at a later date.

Parties will decide what issues to bring up on the jury questionnaires at next month's status hearing.

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