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MILWARD v. ACUITY SPECIALTY PRODUCTS GROUP, INC.

No. 09-2270.

639 F.3d 11 (2011)

Brian K. MILWARD and Linda J. Milward, Plaintiffs, Appellants, v. ACUITY SPECIALTY PRODUCTS GROUP, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Heard December 7, 2010.

Attorney(s) appearing for the Case

Steve Baughman Jensen , with whom Allen Stewart, P.C., James Gotz , and Kreindler & Kreindler were on brief, for appellants.

Raphael Metzger , Gregory Coolidge , and Metzger Law Group on brief for the Council for Education and Research on Toxins, et al., amici curiae.

Joseph J. Leghorn , with whom Nixon Peabody LLP was on brief, for appellees.

Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

LYNCH, Chief Judge.

Brian and Linda Milward brought negligence claims against defendant chemical companies alleging that the rare type of leukemia that Brian Milward suffers, Acute Promyelocytic Leukemia (APL), was caused by his routine workplace exposure to benzene-containing products that had been manufactured or supplied by defendants. Milward worked as a refrigeration technician and asserted that he was exposed to benzene from 1973 until the time he filed this...

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