Plaintiffs Pursue Penalty In Egg Farm Emissions Flap

Law360, New York (September 29, 2009, 6:05 PM EDT) -- Neighbors of an egg farm suing the facility for failing to report noxious ammonia emissions have asked a federal judge to reconsider sanctioning the defendant for allegedly destroying evidence when it excavated a manure lagoon central to the case.

The plaintiffs filed a motion Monday urging Judge John A. Mendez of the U.S. District Court for the Eastern District of California to overrule a magistrate judge’s decision earlier in September not to sanction Olivera Egg Ranch LLC for spoliation of evidence, even though the cleanup reduced...
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