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IN RE AGENT ORANGE PRODUCT LIABILITY LITIGATION

MDL No. 381, CV-81-991.

611 F.Supp. 1290 (1985)

In re "AGENT ORANGE" PRODUCT LIABILITY LITIGATION. Gerald HOGAN, M.D., Plaintiff, v. DOW CHEMICAL CO., et al., Defendants.

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

May 10, 1985.

Attorney(s) appearing for the Case

Robert C. Taylor, Jr., Ashcraft & Gerel, Washington, D.C., for plaintiff.

Leonard Rivkin, Rivkin, Leff, Sherman & Radler, Garden City, N.Y., Philip Pakula, Townley & Updike, Wendell B. Alcorn, Jr., Cadwalader, Wickersham & Taft, William Krohley, Kelley, Drye & Warren, Thomas Beck, Arthur, Dry & Kalish, David R. Ross, Budd, Larner, Kent, Gross, Picillo & Rosenbaum, New York City, Paul V. Esposito, Lewis, Overbeck & Furman, Chicago, Ill., Henry G. Miller, Clark, Gagliardi & Miller, White Plains, N.Y., for defendants; Bruce Hecker, Shea & Gould, New York City, of counsel.

Arvin Maskin, Dept. of Justice, Washington, D.C., for third-party defendant United States.

MEMORANDUM, ORDER, and JUDGMENT

WEINSTEIN, Chief Judge:

Defendants, seven chemical companies who manufactured the herbicide Agent Orange, have moved to dismiss Dr. Gerald Hogan's claims or in the alternative for summary judgment. Fed.R.Civ.P. 12(b), 56(b). They also seek dismissal for failure to comply with a discovery order. Fed.R. Civ.P. 37(b) and (d). Plaintiff opposes these motions and urges that diversity of citizenship did not exist at the time the...

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