ABAGNININ v. AMVAC CHEMICAL CORP.

No. 07-56326.

545 F.3d 733 (2008)

Akebo ABAGNININ; Amangoua Abli; Miessan Etienne Abli; Aba Abou; Yapo Pierre Aboua; Koffi Antoine Abri; Ampoh Adama; Toure Abry; Haruna Abubakaray; Kroya Aca; Simplice Achiepo, Plaintiffs-Appellants, v. AMVAC CHEMICAL CORPORATION; Dow Chemical Company; Shell Oil Company; Dole Food Company, Inc.; Dole Fresh Fruit Co; Standard Fruit Co.; Standard Fruit and Steamship Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2008.


Attorney(s) appearing for the Case

Raphael Metzger, Metzger Law Group, Long Beach, CA, for the plaintiffs-appellants.

Edwin V. Woodsome, Jr., Orrick, Herrington & Sutcliffe, Los Angeles, CA, for defendant-appellee The Dow Chemical Company; Lawrence P. Riff, Steptoe & Johnson, Los Angeles, CA, for defendant-appellee Shell Oil Company; Robert G. Crow, Boornazian, Jensen & Garthe, Oakland, CA, for defendant-appellee AMVAC Chemical Corporation; Frederick L. McKnight, Jones Day, Los Angeles, CA, for defendants-appellees Dole Food Company, et al.

Before: CYNTHIA HOLCOMB HALL and PAMELA ANN RYMER, Circuit Judges, and STEPHEN M. McNAMEE, District Judge.


McNAMEE, District Judge:

Akebo Abagninin and others who live and work in the Ivory Coast ("Abagninin")1 appeal the district court's dismissal with prejudice of their claims against manufacturers, distributors, and users of the pesticide DBCP for genocide and crimes against humanity under the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350.2 Abagninin alleges that DBCP caused male sterility and low sperm counts...

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