IN RE IVY

Docket No. 90-3007.

901 F.2d 7 (1990)

In re Shirley IVY, et al., Petitioners. Shirley IVY Individually and as Representative of the Estate of Donald Ivy, Deceased; Charles Jardon, and Tony K. Jardon Individually and as Next Friend of Charles Jardon, Jr., Robin Jardon, Warren Jardon and Sharon Jardon; Verda Wilson Individually and as Representative of the Estate of Isaiah Wilson, Jr., Deceased; Shirley Salewaski Individually and as Representative of the Estate of Yen Salewaski, Deceased; Gary Thomas; Mary Lee Thomas; James L. Kent; Emma I. Kent; Charles Brown; Dawn Marie Inman Individually and as Representative of the Estate of Bobby Joe Inman, Deceased; Earl Thompson; Judy L. Thompson; James Donald Deloatch; Joyce Deloatch; Peggy Sands Individually and as Representative of the Estate of Martin Sands, Deceased; Emile Annibolli; Ursula Margot Parry Individually and as Representative of the Estate of James D. Parry, Sr., Deceased; James D. Parry, Jr.; James Christopher Parry; Laura Jenkins Individually and as Representative of the Estate of Eddie Jenkins, Deceased; and James White Individually and as Representative of the Estate of Clarence White, Deceased, And All Named Plaintiffs Sue Individually and as Representatives of Those Similarly Situated, Plaintiffs-Petitioners, v. DIAMOND SHAMROCK CHEMICALS COMPANY, a/k/a Diamond Shamrock Refining & Marketing Company and a/k/a Occidental Electro Chemical Corporation and a/k/a Maxus Energy Corporation and a/k/a Occidental Chemical Corporation and a/k/a Diamond Shamrock Company; and the Dow Chemical Company; Monsanto Company; Uniroyal Inc.; Hercules Inc.; Thompson-Hayward Chemical Company, a/k/a Thompson Chemicals Corporation; and T.H. Agriculture & Nutrition Company, Inc., Defendants-Respondents.

United States Court of Appeals, Second Circuit.

Decided March 28, 1990.


Attorney(s) appearing for the Case

Melissa Chappell-White, Laxalt, Wash., Perito & Dubuc, Robert M. Hager, Washington, D.C., for plaintiffs-petitioners.

Before LUMBARD, CARDAMONE and WINTER, Circuit Judges.


WINTER, Circuit Judge:

Plaintiffs-petitioners seek a writ of mandamus under 28 U.S.C. § 1407(e) (1982) and Fed. R. App. P. 21 directing the Judicial Panel on Multidistrict Litigation (the "MDL Panel") to vacate its order transferring this action to the United States District Court for the Eastern District of New York. We deny the petition.

Petitioners filed this action against various chemical companies in a Texas state court in May 1989, claiming harm...

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