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ANDERSON v. CRYOVAC, INC.

Nos. 87-1405, 88-1070.

862 F.2d 910 (1988)

Anne ANDERSON, et al., Plaintiffs, Appellants, v. CRYOVAC, INC., et al., Defendants, Appellees. Anne ANDERSON, et al., Plaintiffs, Appellants, v. BEATRICE FOODS CO., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 7, 1988.

As Amended December 22, 1988.

Attorney(s) appearing for the Case

Charles R. Nesson, with whom Jan Richard Schlichtmann and Schlichtmann, Conway, Crowley & Hugo, Boston, Mass., were on briefs for plaintiffs, appellants.

Lee P. Breckenridge, Chief, Environmental Protection Div., Dept. of the Atty. Gen., Boston, Mass., on brief for the Com. of Mass., amicus curiae.

Jerome P. Facher, with whom Neil Jacobs, Donald R. Frederico and Hale and Door, Boston, Mass., were on briefs for appellees.

Before BOWNES, TORRUELLA and SELYA, Circuit Judges.

SELYA, Circuit Judge.

Although we disagree with appellants' characterization of the matter before us as a watershed in the law of toxic torts,1 we find these consolidated appeals to raise perplexing questions — some of novel impression — concerning the scope and operation of certain of the Civil Rules. An exposition of the questions squarely presented, and of our answers to them, follows.

I. THE UNDERLYING LITIGATION...

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