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IN RE AGENT ORANGE PRODUCT LIABILITY LITIGATION

Nos. 1077, 1078, 1079, Dockets 85-6091, 85-6093 and 85-6095.

818 F.2d 194 (1987)

In re "AGENT ORANGE" PRODUCT LIABILITY LITIGATION. Philip J. AGUIAR, et al., each of said plaintiffs individually and as representative of all those similarly situated, Plaintiffs-Appellants, v. UNITED STATES of America, et al., and other departments and agencies of the United States Government, as their several interests may appear, and successors to the above officials, as necessary, Defendants-Appellees. Dan FORD, and his wife, Christina Ford; individually, and as members and representative of a class, Plaintiffs-Appellants, v. UNITED STATES of America, et al., Defendants-Appellees. Daniel C. BATTS, Plaintiff, v. UNITED STATES of America, et al., Defendants-Appellees. LOUGHERY, et al., Plaintiffs-Appellants, v. UNITED STATES of America, et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided April 21, 1987.

Attorney(s) appearing for the Case

Joan M. Bernott, Sp. Litigation Counsel, Torts Branch, Civ. Div., Dept. of Justice, Washington, D.C. (Richard K. Willard, Asst. Atty. Gen., Arvin Maskin, U.S. Atty., Washington, D.C., and Raymond J. Dearie, U.S. Atty., E.D.N.Y., of counsel), for defendant-appellee U.S.

Neil R. Peterson, Philadelphia, Pa. (Gene Locks, Greitzer and Locks, Philadelphia, Pa., of counsel), David W. Moyer and Philip E. Brown (Hoberg, Finger, Brown, Cox & Molligan, San Francisco, Cal., of counsel), Thomas Henderson, Pittsburgh, Pa. (Henderson & Goldberg, Pittsburgh, Pa., of counsel), David J. Dean, Carle Place, N.Y. (Dean, Falanga & Rose, Carle Place, N.Y., of counsel), John O'Quinn, Houston, Texas (O'Quinn, Hagan & Whitman, Houston, Texas, of counsel), Stanley M. Chesley, Cincinnati, Ohio (Waite, Schneider, Bayless & Chesley, Cincinnati, Ohio, of counsel), Newton B. Schwartz, Houston, Tex., Stephen J. Schlegel, Chicago, Ill. (Schlegel & Trafelet, Chicago, Ill., of counsel), for plaintiffs-appellants.

Before VAN GRAAFEILAND, WINTER and MINER, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Our discussion of the background and procedural history of this litigation appears in Judge Winter's lead opinion, 818 F.2d 145.

In addition to the numerous individual claims spawned by Agent Orange, two large class actions were brought. The first, against the chemical companies, was settled. The second, against the United States, was dismissed, and the dismissal is being challenged on this...

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