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KELLEHER v. BOISE CASCADE CORP.

Civ. No. 87-0058-P.

676 F.Supp. 22 (1988)

Peter C. KELLEHER, Phyllis Kelleher, Peter Charles Kelleher Jr., Kyleen Rose Kelleher, Plaintiffs, v. BOISE CASCADE CORPORATION, Defendants.

United States District Court, D. Maine.

January 5, 1988.

Attorney(s) appearing for the Case

George F. Leahy, Joseph G. Abromovitz, Boston, Mass., for plaintiffs.

James M. Bowie, Portland, Me., Guy G. Hurlbutt, Boise, Idaho, for defendants.

MEMORANDUM OF DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

GENE CARTER, District Judge.

I. Introduction

Plaintiff Peter Kelleher is a commercial diver. On May 11, 1982, he and two other divers were cleaning sand from the bottom of a run-off tank in the effluent treatment system at Defendant's paper mill in Rumford, Maine. Plaintiff alleges that, during that dive, he inhaled bacteria and other substances that caused him serious...

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