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DOLE v. DOW CHEM. CO.

30 N.Y.2d 143 (1972)

Bernice E. Dole, Individually and as Administratrix of The Estate of Ralph L. Dole, Deceased, Plaintiff, v. Dow Chemical Company, Defendant and Third-Party Plaintiff-Appellant. McLeod Industrial Fumigators & City Exterminators, Inc., Third-Party Defendant, and George Urban Milling Co., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided March 22, 1972.

Attorney(s) appearing for the Case

Warren S. Radler for appellant.

George M. Gibson for respondent.

Chief Judge FULD and Judges BREITEL, JASEN and GIBSON concur with Judge BERGAN; Judges BURKE and SCILEPPI dissent and vote to affirm.

BERGAN, J.

Appellant Dow Chemical Company is defendant in an action for negligently causing the death of plaintiff's husband, and it is third-party plaintiff in a claim over against the husband's employer George Urban Milling Company. Another claim over by appellant against McLeod Industrial Fumigators & City Exterminators, Inc. is not involved in this appeal.

Dow is the manufacturer of chemicals...

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