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192072P.pdf   07/08/2021  John Kitchin  v.  Bridgeton Landfill
   U.S. Court of Appeals Case No:  19-2072
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Gruender, Author, with Benton and Stras, Circuit Judges] Civil case - Class Action Fairness Act. Plaintiffs alleged their property near Lambert International Airport had been contaminated by radioactive waste left over from the Manhattan Project;defendants removed the action to federal court, alleging federal-question jurisdiction existed under the Price-Anderson Act and CERCLA and that diversity jurisdiction existed under the Class Action Fairness Act (CAFA); the district court concluded that federal-question jurisdiction did not exist and that the "local-controversy" exception to CAFA applied and granted plaintiffs' motion to remand to state court; the court has jurisdiction over the appeal of the remand order under 28 U.S.C. Sec. 1291; the district court erred in remanding the case under the local controversy exception because plaintiff failed to show that the conduct of defendant Rock Road Industries - the only Missouri-citizen defendant and thus the only possible local defendant for purposes of the exception - formed a significant basis for the claims asserted in the complaint; the order remanding the case to state court is reversed, and the matter is remanded for further proceedings. Judge Stras, concurring in the judgment.