This section contains the nature of the case and procedural background.

Pruitt (Ps) sued Allied Chemical Corporation (D) for D's alleged pollution of the James River and Chesapeake Bay with the chemical agent commonly known as Kepone. Ps engaged in a variety of different businesses and professions related to the harvesting and sale of marine life from the Chesapeake Bay ('Bay'). All claim to have suffered economic harm from D's alleged discharges of Kepone into the James River and thence into the Bay. D moved to dismiss nine of those counts for failure to state a claim upon which relief can be granted.

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