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ROBICHAUX v. STATE EX REL. DEPT. OF HEALTH

No. 2006 CA 0437.

952 So.2d 27 (2006)

Troy ROBICHAUX, Shannon Robichaux, Michael J. Tuminello, Sr., and Olive D. Tuminello v. STATE of Louisiana, Through the DEPARTMENT OF HEALTH AND HOSPITALS and Through the Department of Environmental Quality and Dow Chemical Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied February 14, 2007.

Attorney(s) appearing for the Case

Donald T. Carmouche, Victor L. Marcello, John H. Carmouche, Gonzales, Counsel for Plaintiffs/Appellees Troy Robichaux, Shannon Robichaux, Michael J. Tuminello, Sr., and Olive D. Tuminello.

F. Barry Marionneaux, F. Charles Marionneaux, Plaquemine, David M. Bienvenu, Jr., John Michael Parker, Baton Rouge, Counsel for Defendants/1st Appellants The Dow Chemical Company and Ivy Dupree.

William M. Hudson, Patrick B. McIntire, Lafayette, Counsel for Defendant/2nd Appellant Louisiana DHH & DEQ.

Robert M. Kallam, Jennifer A. Wells, Lafayette, Counsel for Defendant/3rd Appellant Industrial Haulers, Inc.

Before: PETTIGREW, DOWNING, and HUGHES, JJ.

HUGHES, J.

This appeal by Defendants, The Dow Chemical Company (Dow), Ivy Dupree, the State of Louisiana through the Department of Health and Hospitals and the Department of Environmental Quality, and Industrial Haulers, Inc.,1 raises a number of assignments of error in the trial court's class certification on behalf of the Plaintiffs under Louisiana Code of Civil Procedure Article 591(A) & (B)(3). Plaintiffs, through representatives...

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