STATE OF ARIZONA v. COOK PAINT AND VARNISH CO.

Civ. No. 73-562-PHX-CBR.

391 F.Supp. 962 (1975)

STATE OF ARIZONA, in its own behalf and on behalf of its agencies, departments, commissions and political subdivisions, et al., Plaintiffs, v. COOK PAINT AND VARNISH COMPANY, a Delaware Corporation, et al., Defendants.

United States District Court, D. Arizona.

March 13, 1975.


Attorney(s) appearing for the Case

Robins, Davis & Lyons, James L. Fetterly, Minneapolis, Minn., Fennemore, Craig, von Ammon & Udall, Calvin H. Udall, Phoenix, Ariz., for plaintiffs.

Gust, Rosenfeld, Divelbess & Henderson, Richard A. Segal, Phoenix, Ariz., Blackwell, Sanders, Matheny, Weary & Lombardi, William H. Sanders, David C. Trowbridge, Kansas City, Mo., for Cook Paint and Varnish Co.

Ryley, Carlock & Ralston, G. Read Carlock, Phoenix, Ariz., for The Flintkote Co.

Snell & Wilmer, John J. Bouma, Phoenix, Ariz., Brobeck, Phleger & Harrison, Moses Lasky, San Francisco, Cal., for PPG Industries, Inc.

Evans, Kitchel & Jenckes, N. R. Porter, Phoenix, Ariz., for Reichhold Chemicals, Inc.

Jennings, Strouss & Salmon, Charles R. Hoover, Phoenix, Ariz., Covington & Burling, Henry P. Sailer, Washington, D. C., for Upjohn Co.


MEMORANDUM OF OPINION

RENFREW,* District Judge.

On September 14, 1973, plaintiffs brought this action on behalf of themselves and on behalf of other members of a purported class1 consisting of all commercial, industrial, agricultural and governmental users of rigid polyurethane foam insulation products against five defendants, who are alleged to have manufactured and marketed these products under...

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