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SUTERA v. PERRIER GROUP OF AMERICA INC.

Civil Action No. 95-12152-PBS.

986 F.Supp. 655 (1997)

Charles SUTERA, Jr., and Fiorella Sutera, individually and as next friend of Charles Sutera III, Plaintiffs, v. THE PERRIER GROUP OF AMERICA INC., Great Waters France, and Source Perrier, Defendants.

United States District Court, D. Massachusetts.

September 29, 1997.

Attorney(s) appearing for the Case

Evan T. Lawson, Lawson & Lawson, Boston, MA, for Plaintiffs.

Arnold P. Messing, Choate, Hall & Stewart, Boston, MA, Joseph A. D'Avanzo, Michael A. Cerussi, Jr., Curt D. Marshall, Cerussi & Spring, White Plains, NY, James M. Campbell, Pavel Wonsowicz, Campbell, Campbell & Edwards, Boston, MA, Ronald S. Rolfe, Colin Underwood, Cravath, Swaine & Moore, New York City, for defendants.

MEMORANDUM AND ORDER

SARIS, District Judge.

I. INTRODUCTION

Plaintiff, Charles Sutera, Jr.,1 claims that his regular consumption of Perrier sparkling mineral water caused him to contract acute promyelocytic leukemia ("APL") because it was contaminated with benzene, a known carcinogen.

To support Sutera's allegation that the exposure to benzene in the Perrier water caused his disease, plaintiff...

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