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CAPONE v. GLOBE AIR, INC.

Civ. No. 83-0408 P.

625 F.Supp. 1566 (1986)

Joseph M. CAPONE, et al., Plaintiffs, v. GLOBE AIR, INC., Union Carbide Agricultural Products, Inc., a subsidiary of Union Carbide Corporation, Scott Paper Co., and Biegert Aviation, Inc., Defendants.

United States District Court, D. Maine.

January 22, 1986.

Attorney(s) appearing for the Case

Anthony M. Traini, Leppo & Traini, Boston, Mass., Barry A. Margolin, Harold L. Lichten, Thomas Tureen, Tureen & Margolin, Portland, Me., for plaintiff.

Joseph L. Cotter, Marie P. Buckley, Goodwin, Procter & Hoar, Boston, Mass., David M. Cohen, Petruccelli, Cohen, Erler & Cox, Portland, Me., for defendants Union Carbide Corp. and Union Carbide Agr.

Phillip D. Buckley, Rudman & Winchell, Bangor, Me., for defendants Globe Air and Biegert Aviation.

Debra Buccina, Thomas J. Quinn, Hewes, Beals & Douglas, Portland, Me., for Scott Paper.

MEMORANDUM OF DECISION AND ORDER ON MOTION FOR DISMISSAL

GENE CARTER, District Judge.

This case comes before the Court on the motion of Defendant Globe Air/Biegert Aviation ("Globe") for dismissal. Plaintiff Joseph M. Capone alleges that while on a hunting expedition in western Maine, he was sprayed by insecticide during the state's 1980 spruce budworm spraying operation. Plaintiff Joseph M. Capone brought an action in this Court against the alleged manufacturer...

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