WADE v. JOHNSON CONTROLS, INC.

Nos. 159 to 162, Dockets 82-7267, 82-7269, 82-7277 and 82-7279.

693 F.2d 19 (1982)

Walter G. WADE, Plaintiff-Appellant, v. JOHNSON CONTROLS, INC., formerly known as Globe Union, Inc., and Certain Unknown Defendants, hereby designated "Defendants John Doe", persons responsible for maintenance and for operation of air exchange and purification systems of the North Bennington, Vermont factory during the years 1966 to 1979, addresses not presently known, Defendants-Appellees. Gene A. STEVENS, Kathleen Stevens and their child, Tracy J. Stevens, Plaintiffs-Appellants, v. JOHNSON CONTROLS, INC., formerly known as Globe Union, Inc., and Certain Unknown Defendants, hereby designated "Defendants John Doe", persons responsible for maintenance and for operation of air exchange and purification systems of the North Bennington, Vermont factory during the years 1966 to 1979, addresses not presently known, Defendants-Appellees. John BENTLEY, Dorothy A. Bentley, and their children, Gregory F. Bentley, Laurie A. Bentley, Cheryl L. Bentley, and Elizabeth H. Bentley, Plaintiffs-Appellants, v. JOHNSON CONTROLS, INC., formerly known as Globe Union, Inc., and Certain Unknown Defendants, hereby designated "Defendant John Does", persons responsible for maintenance and for operation of air exchange and purification systems of the North Bennington, Vermont factory during the years 1966 to 1979, addresses not presently known, Defendants-Appellees. Dennis and Victoria MATHIEU and their children, Jennifer M. Mathieu, Dennis M. Mathieu, Jr. and Joshua R. Mathieu, collectively referred to herein as the Mathieu Children, Plaintiffs-Appellants. v. JOHNSON CONTROLS, INC., formerly known as Globe Union, Inc., and Certain Unknown Defendants, hereby designated "Defendant John Does", persons responsible for maintenance and for operation of air exchange and purification systems of the North Bennington, Vermont factory during the years 1966 to 1979, addresses not presently known, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 15, 1982.


Attorney(s) appearing for the Case

Jerome F. O'Neill, Burlington, Vt. (Robert E. Manchester, Lisman & Lisman, Burlington, Vt., of counsel), for plaintiffs-appellants.

Philip H. Hoff, Burlington, Vt. (Michael T. Schein, Hoff, Wilson, Powell & Lang, Burlington, Vt., Stanley S. Jaspan, Foley & Lardner, Milwaukee, Wis., of counsel), for defendants-appellees.

Before LUMBARD, MESKILL and CARDAMONE, Circuit Judges.


MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the District of Vermont, Coffrin, J., granting appellee's Fed.R.Civ.P. 12(b)(6) motion to dismiss appellants' consolidated complaint for failure to state a cause of action upon which relief can be granted. We believe that the claim states such a cause of action. Therefore, we reverse and remand for further proceedings.

Taking the appellants' allegations as true...

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