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DuPont Asks Court to Overturn Pollution Verdict

Published: Apr. 7, 2009 at 4:38 PM EDT
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DuPont has asked the West Virginia Supreme Court to overturn a nearly $400 million verdict awarded in a pollution case.

Attorney David Thomas told the court Tuesday it's time to give the chemical company a new start. Thomas argued the 2007 verdict should be overturned because of errors by Harrison County Circuit Judge Thomas Bedell.

Thomas says DuPont should win for a variety of reasons, including the argument that it should have been dismissed because it was filed after the statute of limitations had expired.

The case centers on health threats at a former zinc plant in Spelter.

Plaintiffs lawyer Farrest Taylor argued that Bedell's rulings were correct and the verdict should stand. The plaintiffs also want a property cleanup plan expanded, saying neighbors were improperly excluded.