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IN RE UNION CARBIDE CORP. GAS PLANT DISASTER

Nos. 301, 383 and 496, Docket 86-7517, 86-7589 and 86-7637.

809 F.2d 195 (1987)

In re UNION CARBIDE CORPORATION GAS PLANT DISASTER AT BHOPAL, INDIA IN DECEMBER, 1984. The PLAINTIFFS IN ALL CASES WHICH HAVE BEEN CONSOLIDATED INTO THIS PROCEEDING BY ORDER OF THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION dated February 6, 1985, and Order of this Court dated April 25, 1985, together with those Plaintiffs in all other related actions which may be consolidated subsequent to the filing of this notice of appeal, including but not limited to all those cases which are all those tort cases filed in this Court which the undersigned are aware of, except No. 85 Civ. 2696 and except those cases consolidated as shareholders or derivative cases by Executive Committee Members, Stanley M. Chesley and F. Lee Bailey, and the Union of India, Plaintiffs-Appellants, Cross-Appellees, v. UNION CARBIDE CORPORATION, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 14, 1987.

Attorney(s) appearing for the Case

Stanley M. Chesley, Cincinnati, Ohio, Waite Schneider, Bayless and Chesley Co., L.P.A., Cincinnati, Ohio, and F. Lee Bailey, New York City (Jack S. Hoffinger (Liaison Counsel), Hoffinger, Friedland, Dobrish, Bernfeld & Hasen, New York City, of counsel; Phillip B. Allen, Cincinatti, Ohio, Arnold Levin, David J. Perlman, Howard J. Sedran, Philadelphia, Pa., Michael C. Zwal, on brief), Howard Beach, N.Y., for appellant individual plaintiffs.

Bud G. Holman, New York City (William Krohley, Robert E. Crotty, Lisa E. Cleary, Kelley Drye & Warren, New York City, of counsel), for Union Carbide Corp.

Michael V. Ciresi, Minneapolis, Minn. (Bruce A. Finzen, Robert M. Wattson, Roberta B. Walburn, Robins, Zelle, Larson & Kaplan, Minneapolis, Minn. (D.S. Sastri, Silver Springs, Md.); Gerald A. Novack, Barrett, Smith, Schapiro, Simon & Armstrong, New York City, of counsel), for The Union of India.

Rob Hager, Washington, D.C. for amicus curiae Christic Institute.

Before MANSFIELD, PRATT and ALTIMARI, Circuit Judges.

MANSFIELD, Circuit Judge:*

This appeal raises the question of whether thousands of claims by citizens of India and the Government of India arising out of the most devastating industrial disaster in history — the deaths of over 2,000 persons and injuries of over 200,000 caused by lethal gas known as methyl isocyanate which was released from a chemical plant operated by Union Carbide India Limited (UCIL) in Bhopal, India —...

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