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MONSANTO CO. v. REED

Nos. 95-SC-549-DG, 95-SC-561-DG.

950 S.W.2d 811 (1997)

MONSANTO COMPANY, Appellant, v. William REED, et al., Appellees. WESTINGHOUSE ELECTRIC CORPORATION, Appellant, v. MONSANTO COMPANY, et al., Appellees.

Supreme Court of Kentucky.

Rehearing Denied October 2, 1997.

Attorney(s) appearing for the Case

Charles S. Cassis, Stephen R. Schmidt, Brown, Todd & Heyburn, Louisville, Arvin Maskin, Konrad L. Cailteux, Weil, Gotshal & Manges, New York City, for Westinghouse Electric Corporation.

Gregory L. Monge, W. Mitchell Hall, Jr., Ashland, John W. Vardaman, Jr., Williams & Connolly, Washington, D.C., for Monsanto Corporation.

Robert E. Reeves, Todd E. Leatherman, Robert G. Friedman, Reeves & Graddy, Lexington, David S. McCrea, McCrea & McCrea, Bloomington, IN, Lawrence R. Webster, Pikeville, for Appellees.

LAMBERT, Justice.

Appellees in this products liability action (plaintiffs in the trial court) are thirty seven (37) persons who claim to have been injured by exposure to polychlorinated biphenyls (PCBs). The exposure is alleged to have occurred in the course of appellees' employment as salvagers at Libby Iron and Metal Company (Libby).

Monsanto Company (Monsanto) was the sole manufacturer of PCBs, a chemical used in some electrical transformers and in capacitors...

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