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CHANCE v. E. I. Du PONT De NEMOURS & COMPANY, INC.

No. 70-C-1107.

371 F.Supp. 439 (1974)

Randy CHANCE et al., Plaintiffs, v. E. I. Du PONT De NEMOURS & COMPANY, INC., et al., Defendants.

United States District Court, E. D. New York.

January 23, 1974.

Attorney(s) appearing for the Case

Jerome Edelman, Brooklyn, N. Y., for plaintiffs; Melvin Block, Brooklyn, N. Y., of counsel.

Townley, Updike, Carter & Rodgers, New York City, for defendant E. I. Du Pont De Nemours & Co.

Cravath, Swaine & Moore, New York City, for defendant Hercules Powder Co., Inc.

Rogers, Hoge & Hills, New York City, for defendant Atlas Chemical Industries, Inc.

Martin, Bloom, Lipton & Van De Walle, Great Neck, N. Y., for defendant Austin Powder Co.

Frank H. Gordon, New York City, for defendant Institute of Makers of Explosives.

Montfort, Healy, McGuire & Salley, Garden City, N. Y., for defendants American Cyanamid Co. and Olin Mathieson Chemical Corp.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

I. FACTS AND PROCEEDINGS

These actions arise out of separate accidents scattered across the nation in which children were injured by blasting caps. Damages are sought from manufacturers and their trade association, the Institute of Makers of Explosives (IME). Plaintiffs' basic allegation is that the injuries were a proximate result of agreement by members of the explosives industry not to place any...

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