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McEvoy v. IEI Barge Services, Inc.

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ARGUED APRIL 5, 2010

Before EASTERBROOK, Chief Judge, and BAUER and WOOD, Circuit Judges.

East Dubuque, Illinois, is a small town on the Mississippi River. One local company that has profited from the river’s proximity is IEI Barge Ser- vices, Inc. (“IEI”). IEI stores coal in an outdoor pile and loads it onto river barges. As the coal is moved around, coal dust is thrown off into the air. One of IEI’s neighbors, Charles McEvoy, objected to the coal dust from IEI’s operations, because it was drifting into his home; he filed suit in federal court. McEvoy’s concerns were shared by others in the area. KKL Development, LLC (“KKL”), which owns commercial property in East Dubuque, and Vroom Auto Mall and RV Plaza, Inc. (“Vroom”), which runs its business on KKL’s property, worried that the dust would accumulate on their inven-tory and would create a hazard for their employees. The companies filed their own lawsuit, which mirrored McEvoy’s.

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