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IN RE AGENT ORANGE PRODUCT LIABILITY LITIGATION

MDL No. 381, 79-C-747, CV-85-2022.

611 F.Supp. 1452 (1985)

In re "AGENT ORANGE" PRODUCT LIABILITY LITIGATION. Michael F. RYAN, et al., Plaintiffs, v. DOW CHEMICAL COMPANY, et al., Defendants. Stephen J. SCHLEGEL, et al., Petitioners, v. David J. DEAN, Respondent.

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

June 27, 1985.

Attorney(s) appearing for the Case

Elihu Inselbuch and Richard B. Schaeffer, Gilbert, Segall and Young, New York City, for respondent-petitioner Majority of the Agent Orange Plaintiffs' Management Committee, consisting of Stephen J. Schlegel, Schlegel & Trafelet, Ltd., Chicago, Ill., Thomas Henderson, Henderson & Goldberg, Pittsburgh, Pa., Phillip E. Brown, Hoberg, Finger, Brown, Cox & Molligan, San Francisco, Cal., Stanley Chesley, Waite, Schneider, Bayless & Chesley, Cincinnati, Ohio, John Q. O'Quinn, O'Quinn & Hagans, Houston, Tex., Neil R. Peterson and Gene Locks, Greitzer & Locks, Philadelphia, Pa., Newton B. Schwartz, Houston, Tex., former member Benton Musslewhite, Law Offices of Benton Musslewhite, Inc., Houston, Tex.

Leon Friedman, Hempstead, N.Y., for movant-respondent David J. Dean, Dean, Falanga and Rose, Carle Place, New York.

MEMORANDUM and ORDER

WEINSTEIN, Chief Judge:

David J. Dean, Esq., a member of the Agent Orange Plaintiffs' Management Committee ("PMC"), has moved to set aside the PMC's agreement to pay certain committee members a 300 percent return of funds they advanced to finance the litigation. The payment would be made out of all the fees awarded to the PMC attorneys by the court. The other PMC members oppose the motion and seek to compel arbitration. For reasons indicated...

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