In re "AGENT ORANGE" PRODUCT LIABILITY LITIGATION.
The DOW CHEMICAL COMPANY, Diamond Shamrock Chemicals Company, Hercules Incorporated, Monsanto Company, T H Agriculture & Nutrition Company, Inc., Thompson Chemicals Corporation and Uniroyal, Inc., Defendants-Appellants,
v.
UNITED STATES of America, et al., Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued April 10, 1986.
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., Washington, D.C., and Raymond J. Dearie, U.S. Atty. for E.D.N.Y., of counsel), for appellee U.S.
Leonard L. Rivkin, Garden City, N.Y., Rivkin, Radler, Dunne & Bayh, Garden City, N.Y., of counsel, for defendant-appellant Dow Chemical Co.
Wendell B. Alcorn, Jr., Cadwalader, Wickersham & Taft, New York City, of counsel, for defendant-appellant Diamond Shamrock Chemicals Co.
William Krohley, Kelley Drye & Warren, New York City, of counsel, for defendant-appellant Hercules Inc.
John Sabetta, Townley & Updike, New York City, of counsel, for defendant-appellant Monsanto Co.
Morton Silberman, Clark, Gagliardi & Miller, White Plains, N.Y., of counsel, for defendant-appellant T H Agriculture & Nutrition Co., Inc.
David R. Gross, Edwin R. Matthews, and Budd, Larner, Kent, Gross, Picillo, Rosenbaum, Greenberg & Sade, Short Hills, N.J., of counsel, for defendant-appellant Thompson Chemicals Corp.
Judy Spanier, Shea & Gould, New York City, of counsel, for defendant-appellant Uniroyal, Inc.
Before VAN GRAAFEILAND, WINTER and MINER, Circuit Judges.
United States Court of Appeals, Second Circuit.
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 this opinion, we address the third-party claims of the chemical companies ("appellants") against the United States which were dismissed by the district court. 611 F.Supp. 1221. For the reasons that follow, we conclude that the...
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