Wed, Nov 25 2009
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He said members of a jury would not necessarily be Carthage residents. He noted affidavits in the court record from Carthage residents saying they were aware of media reports but did not believe Carthage had an odor problem.
The real standard, Jones said, “should be actual prejudice,” citing a lawsuit arising from the collapse in 1981 of overhead walkways at the Hyatt Regency Hotel in Kansas City. “That was tried in Kansas City,” he said. “If that didn’t mandate transfer, this one shouldn’t.” Class action The case has been filed as a class action. If that is approved, it would allow claims to be sought by all residents who allegedly have been affected by odors from the plant. 
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