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IN RE UNITED STATES

No. 1181, Docket 84-3021. MDL No. 381.

733 F.2d 10 (1984)

In re UNITED STATES of America, Petitioner. In re "AGENT ORANGE" PRODUCT LIABILITY LITIGATION.

United States Court of Appeals, Second Circuit.

Decided April 13, 1984.

Attorney(s) appearing for the Case

Joan M. Bernott, Sp. Litigation Counsel Torts Branch, Civil Div. U.S. Dept. of Justice, Washington, D.C. (Richard K. Willard, Acting Asst. Atty. Gen., Civil Div., Washington, D.C., Raymond J. Dearie, U.S. Atty., E.D.N.Y., Arvin Maskin and Gretchen Leah Witt, Trial Attys., E.D.N.Y., Brooklyn, N.Y.), for petitioner United States of America.

David J. Dean, Dean, Falanga, Sinrod & Rose, Carle Place, N.Y., for plaintiffs-respondents.

Leonard L. Rivkin, Garden City, N.Y. (Rivkin, Leff, Sherman & Radler, Jeffrey Silberfeld, Leslie R. Bennett, Garden City, N.Y., Pamela R. Esterman, on the brief); Philip D. Pakula, New York City (Townley & Updike, New York City, of counsel); Kelley, Drye & Warren, Cadwalader, Wickersham & Taft, New York City, Clark, Gagliardi & Miller, White Plains, N.Y., Budd, Larner, Kent, Gross, Picillo & Rosenbaum, Newark, N.J., Shea & Gould, Arthur, Dry & Kalish, New York City, (of counsel), for defendants-respondents.

Before VAN GRAAFEILAND and CARDAMONE, Circuit Judges, and BRIEANT, District Judge.

BRIEANT, District Judge:

This multidistrict diversity litigation in the Eastern District of New York concerns claims by Vietnam War veterans and certain of their wives and children. Defendants are chemical manufacturers from which the United States (the "Government") procured, directly or indirectly, various herbicides and defoliants (collectively for convenience "Agent Orange"). From use thereof in combat the veterans allege various injuries, including genetic damage...

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