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HIGGINS v. E.I. DuPONT DE NEMOURS & CO.

No. 87-1739.

863 F.2d 1162 (1988)

Mary Ann HIGGINS; Ronald Jones, as personal representative of the estates of Crystal N. Jones and Esther S. Jones; Mary Williams; Gilbert Allen; Sharon Patterson; Kevin P. Higgins, as personal representative of the estate of Genieve M. and Bridgette M. Higgins, Plaintiffs-Appellants, v. E.I. DuPONT de NEMOURS & COMPANY, Defendant-Appellee, and Dow Chemical Company; Union Carbide Corporation; Eastman Chemical Products, Inc.; Mayor and City Council of Baltimore, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 23, 1988.

Attorney(s) appearing for the Case

Alison Daryl Kohler (Phillips P. O'Shaughnessy, Sandbower, Gabler & O'Shaughnessy, P.A., Alex S. Katzenberg, III, Cohen, Snyder, McClellan, Eisenberg & Katzenberg, P.A. on, brief), for plaintiffs-appellants.

Pamela Janice White (Jervis S. Finney, Ober, Kaler, Grimes & Shriver, William E. Gordon, Jr., on brief), for defendant-appellee.

Before RUSSELL, MURNAGHAN and SPROUSE, Circuit Judges.

MURNAGHAN, Circuit Judge:

Plaintiffs Higgins and Jones appeal from the district court's order granting summary judgment in favor of defendant, E.I. DuPont de Nemours & Co., Inc. ("DuPont"), regarding their survival actions. Plaintiffs also appeal the dismissal of their wrongful death actions, maintaining that they were not statutorily barred as untimely because of DuPont's fraudulent concealment of their claims. Finally, plaintiffs argue that this case was improperly...

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