UNITED STATES v. ALLEN

No. 80-C-133.

578 F.Supp. 468 (1982)

UNITED STATES of America, Petitioner, and The Dow Chemical Company, Intervening Petitioner, v. Dr. James R. ALLEN and John Van Miller, Respondents, and James P. Wachtendonk, Mary S. Wachtendonk, Ree Anne Wachtendonk and Zachary James Wachtendonk; Robert W. Green, now deceased, and Cheryl A. Green, the widow of the veteran Robert W. Green, now deceased; Charles Chapman and Kuniko Chapman, individually and on behalf of each of the "Vietnam Veterans" who have been affected, individually and on behalf of those so unfortunate as to have been similarly affected by the toxic effects of phenoxy herbicides such as 2, 4, 5-trichlorophenoxy herbicides such as 2, 4, 5-trichlorophenoxy aliphatics manufactured, formulated, advertised, promoted, marketed and sold, individually and collectively, by the corporate Defendants in MDL381 although known to be contaminated with the toxic synthetic organic chemical 2, 3, 7, 8-tetrachlorodibenzo p-dioxin (TCDD or "dioxin"), Intervening Respondents.

United States District Court, W.D. Wisconsin.

Opinion on Award of Attorneys' Fees December 1, 1983.


Attorney(s) appearing for the Case

Richard E. Cohen, Asst. U.S. Atty., Madison, Wis., for the United States of America.

Richard J. Lewandowski, DeWitt, Sundby, Huggett & Schumacher, S.C., Madison, Wis., for Dow Chemical Co.

Robert K. Aberg, Madison, Wis., for respondents Allen and Van Miller.

David J. Ghilardi, Madison, Wis., for intervening respondents Vietnam Veterans.


CRABB, Chief Judge.

Intervenors, James P. Wachtendonk, et al. (veterans), bring this motion for attorney's fees on behalf of both the veterans and the respondents, Allen and Van Miller. The matter was originally before the court on a petition brought by the United States to enforce administrative subpoenas issued to respondents by an Environmental Protection Agency Administrative Law Judge. The administrative law judge issued the subpoenas at the request of intervening...

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