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OUELLETTE v. INTERNATIONAL PAPER CO.

Civ. A. No. 78-163.

602 F.Supp. 264 (1985)

Harmel OUELLETTE and Lila Ouellette, Clifton Browne and Edla Browne, Aldee Plouffe and Shirley Plouffe, individually, on behalf of themselves, and on behalf of all similarly situated plaintiffs, and H. Vaughn Griffin, Sr., Ardath Griffin, Alan Thorndike, Ellen Thorndike, Wesley C. Larrabee, Virginia Larrabee, F. Alfred Patterson, Jr., and Lois T. Patterson, Plaintiff-Intervenors, v. INTERNATIONAL PAPER COMPANY.

United States District Court, D. Vermont.

February 5, 1985.

Attorney(s) appearing for the Case

Peter Langrock, and Atty. Susan Eaton, Langrock, Sperry, Parker & Wool, Middlebury, Vt., for plaintiffs.

John Chase, Asst. Atty. Gen., State of Ver., Montpelier, Vt., for plaintiff Class Member, State of Vermont.

James Benkard, and Atty. Jamie Stern, Davis, Polk & Wardwell, New York City, and Austin Hart, Dinse, Erdmann & Clapp, Burlington, Vt., for defendant, International Paper Co.

COFFRIN, Chief Judge.

Having dealt with the defendant's objection to class certification in two previous opinions,1 we are now presented with defendant's motion to dismiss plaintiffs' cause of action concerning water pollution pursuant to Rules 12(c) and 56(b) of the Federal Rules of Civil Procedure. Although defendant's motion was filed on June 22, 1981, the parties agreed (upon suggestion by the court) to await the Seventh Circuit's...

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