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GATES v. ROHM AND HAAS CO.

No. 10-2108.

655 F.3d 255 (2011)

Glenn GATES; Donna Gates, h/w, on Behalf of Themselves and all Others Similarly Situated v. ROHM AND HAAS COMPANY; Morton International, Inc,; Rohm and Haas Chemicals LLC; Huntsman; Huntsman Polyurethanes; Modine Manufacturing Company Glenn Gates, Donna Gates, Appellants.

United States Court of Appeals, Third Circuit.

Filed: August 25, 2011.

Attorney(s) appearing for the Case

Louis C. Ricciardi, Esquire (Argued), Trujillo Rodriguez & Richards, Aaron J. Freiwald, Esquire , Layser & Freiwald, Philadelphia, PA, for Appellants.

Carl A. Solano, Esquire (Argued), Nilam A. Sanghvi, Esquire , Samuel W. Silver, Esquire , Ralph G. Wellington, Esquire , Schnader Harrison Segal & Lewis, Philadelphia, PA, for Appellees, Rohm and Haas Company, Morton International, Inc., Rohm and Haas Chemicals LLC.

Before: SCIRICA, RENDELL and ROTH, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This is an interlocutory appeal under Fed.R.Civ.P. 23(f) from the denial of class certification for medical monitoring and property damage. Plaintiffs aver chemical companies dumped an alleged carcinogen at an industrial complex near their residences. The District Court found individual issues predominated on exposure, causation, and the need for medical monitoring and also found individual issues predominated...

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