Sep. 1, 2011
A Mercer County judge will preside over a class-action lawsuit in West Virginia that alleges dioxin pollution from a former Monsanto Co. plant.
The state Supreme Court says Chief Justice Margaret Workman appointed Circuit Judge Derek Swope on Monday.
Swope replaces Putnam County Circuit Court Judge O.C. Spaulding. Spaulding announced Friday that he was stepping aside from the case because he's been diagnosed with ALS, or Lou Gehrig's disease.
The Supreme Court says Swope will decide whether the trial will begin as scheduled on Sept. 6.
The case involves thousands of current and former Nitro residents who blame Monsanto for polluting residential properties and streams. The cases were consolidated into a class-action lawsuit in 2008.
During the Monsanto trial, Senior Status Judge James Holliday will preside over Spaulding's other cases.
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