In re "AGENT ORANGE" PRODUCT LIABILITY LITIGATION.
Gerald HOGAN, M.D., Plaintiff-Appellant,
v.
The DOW CHEMICAL COMPANY; Diamond Shamrock Chemicals Company; Hercules Incorporated; Monsanto Company; T H Agriculture & Nutrition Company, Inc.; and Uniroyal, Inc., Defendants-Appellees.
Clara FRATICELLI, et al., Plaintiffs-Appellants,
v.
The DOW CHEMICAL COMPANY; Diamond Shamrock Chemicals Company; Hercules Incorporated; Monsanto Company; T H Agriculture & Nutrition Company, Inc.; Uniroyal, Inc.; the United States of America; and Ten Former Regents of the University of Hawaii, Defendants-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
Robert A. Taylor, Jr., Washington, D.C. (Wayne M. Mansulla and Ashcraft & Gerel, Washington, D.C., of counsel), for plaintiffs-appellants.
Robert C. Longstreth, Trial Atty., Torts Branch, Civil Div., Dept. of Justice, Washington, D.C. (Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Raymond J. Dearie, U.S. Atty. E.D.N.Y., and Joan M. Bernott, Sp. Litigation Counsel, Washington, D.C., of counsel), for defendant-appellee U.S.
John C. Sabetta, New York City (Townley & Updike, New York City, of counsel), for defendant-appellee Monsanto Co.
Leonard L. Rivkin, Garden City, N.Y. (Rivkin, Radler, Dunne & Bayh, Garden City, N.Y., of counsel), for defendant-appellee The Dow Chemical Co.
Steven S. Michaels, Deputy Atty. Gen., State of Hawaii, Honolulu, Hawaii (Corinne K.A. Watanabe, Atty. Gen., State of Hawaii, Honolulu, Hawaii, of Counsel), for defendants-appellees Regents of the University of Hawaii.
Clark, Gagliardi & Miller, White Plains, N.Y., on the brief, for defendant-appellee T H Agriculture & Nutrition Co., Inc.
Shea & Gould, New York City, on the brief, for defendant-appellee Uniroyal, Inc.
Kelley Drye & Warren, New York City, on the brief, for defendant-appellee Hercules Inc.
Before VAN GRAAFEILAND, WINTER and MINER, Circuit Judges.
United States Court of Appeals, Second Circuit.
VAN GRAAFEILAND, Circuit Judge:
The above captioned appeals raise a number of issues distinct from that of causal relation, the dominant issue in most Agent Orange cases, and will be disposed of largely on the basis of those unrelated issues. The appeals are from a dismissal pursuant to Fed.R.Civ.P. 37(b)(2) and from summary judgments, granted by Chief Judge Weinstein of the United States District Court for the Eastern District of New York in opinions reported at...
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