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BURNETTE v. DOW CHEMICAL CO.

No. 86-2450.

849 F.2d 1269 (1988)

Pearl Laverne BURNETTE, et al., Plaintiffs-Appellants, v. DOW CHEMICAL COMPANY, Nalco Chemical Company, and Independent Tank Company, Defendants-Appellees. Ronald Eugene TATE, et al., Plaintiffs-Appellants, v. DOW CHEMICAL COMPANY, Nalco Chemical Company, and Independent Tank Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 13, 1988.

Attorney(s) appearing for the Case

Bruce W. Pitzer, Oklahoma City, Okl. (Law Offices of John W. Norman, Inc., on the brief) for appellants.

John P. Woolf, Wichita, Kan. (Triplett, Woolf & Garretson, on the brief) for appellee Dow Chemical Co.

Kurt A. Harper, Wichita, Kan. (Sherwood, Hemsley & Harper, on the brief) for appellee Nalco Chemical Co.

Clifford L. Malone, Wichita, Kan. (Laura L. Ice, and Adams, Jones, Robinson and Malone, on the brief) for appellee Independent Tank Co.

Before LOGAN, SEYMOUR and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge.

Appellants Pearl Laverne Burnette, Gerald C. Burnette, Mark W. Krusor, Ronald Eugene Tate, Donna Jean Tate, Harold Dean Tally, John H. Tally, Jamie R. Tally and William B. Tally ("appellants" collectively) appeal, pursuant to a Fed.R.Civ.P. 54(b) certification, from an order entered August 15, 1986 in the District of Kansas, Sam A. Crow, District Judge, granting the motions for summary judgment of Dow Chemical Co. ("Dow"), Nalco Chemical...

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