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IN RE AGENT ORANGE PROD. LIABILITY LITIGATION

Nos. 1085, 1095 and 1104, Dockets 85-6163, 85-6269 and 85-6337.

818 F.2d 187 (1987)

In re "AGENT ORANGE" PRODUCT LIABILITY LITIGATION MDL NO. 381.

United States Court of Appeals, Second Circuit.

Decided April 21, 1987.

Attorney(s) appearing for the Case

Robert A. Taylor, Jr. and Wayne M. Mansulla, Washington, D.C. (Ashcraft & Gerel, Washington, D.C., of counsel), for plaintiffs-appellants.

Richard J. Barnes, New York City (Townley & Updike, New York City, of counsel), for appellee Monsanto Co.

Cadwalader, Wickersham & Taft, New York City, for appellee Diamond Shamrock Chemicals Co.

Rivkin, Radler, Dunne & Bayh, Garden City, N.Y., for appellee Dow Chemical Co.

Kelley Drye & Warren, New York City, for appellee Hercules Inc.

Clark, Gagliardi & Miller, White Plains, N.Y., for appellee TH Agriculture & Nutrition Co., Inc.

Shea & Gould, New York City, for appellee Uniroyal, Inc.

Budd, Larner, Kent, Gross, Picillo, Rosenbaum, Greenberg & Sade, Short Hills, N.J., for appellee Thompson Chemicals Corp.

Before VAN GRAAFEILAND, WINTER, and MINER, Circuit Judges.

WINTER, Circuit Judge:

This opinion addresses the disposition of 287 appeals in cases brought by plaintiffs who chose to opt out of the Agent Orange class action. These cases remained in the Eastern District of New York after the class settlement as a result of the multidistrict referral. Chief Judge Weinstein granted summary judgment against each of the optout plaintiffs, most of whom now appeal.1

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