CITY OF PHILADELPHIA and Philadelphia Housing Authority
v.
LEAD INDUSTRIES ASSOCIATION, INC., NL Industries, Inc., Atlantic Richfield Company, Sherwin-Williams Company, SCM Corporation, Glidden Company and Fuller-O'Brien Company.
Philadelphia Housing Authority, Appellant (Appellant in No. 92-1419).
City of Philadelphia, Appellant (Appellant in No. 92-1420).
Atlantic Richfield Company, NL Industries, Inc., The Sherwin-Williams Company, The Glidden Company, SCM Corporation, Lead Industries Association, Inc. and Fuller-O'Brien Corporation, Appellants (Appellants in No. 92-1463).
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued January 21, 1993.
Decided May 11, 1993.
Attorney(s) appearing for the Case
Denise J. Baker, Philadelphia Housing Authority, Philadelphia, PA, Nicholas E. Chimicles (argued), Greenfield & Chimicles, Haverford, PA, Arthur H. Bryant, Trial Lawyers for Public Justice, Washington, DC, for City of Philadelphia, Philadelphia Housing Authority.
Thomas M. Kittredge, Morgan Lewis & Bockius, Philadelphia, PA, for Lead Industries Ass'n, Inc.
Bennett G. Picker, Ellen R. Rogoff, Bolger, Picker, Hankin & Tannenbaum, Philadelphia, PA, John M. Walker, Kirkland & Ellis, Washington, DC, Donald E. Scott (argued), Kirkland & Ellis, Denver, CO, for NL Industries, Inc.
Robert C. Heim, Mary A. McLaughlin, Dechert Price & Rhoads, Philadelphia, PA, Philip H. Curtis and Murray R. Garnick (argued), Arnold & Porter, New York City, for Atlantic Richfield Co.
Paul M. Pohl (argued), Jones, Day, Reavis & Pogue, Pittsburgh, PA, for Sherwin-Williams Co.
Mark M. Wilcox, Drinker, Biddle & Reath, Philadelphia, PA, for Glidden Co. and SCM Corp.
Andre L. Dennis, Elliot A. Kolodny, Stradley, Ronon, Stevens & Young, Philadelphia, PA, Charles W. Siragusa, Wade R. Joyner, Crowley, Barrett & Karaba, Ltd., Chicago, IL, for Fuller-O'Brien Corp.
Edmund B. Spaeth, Jr., Pepper, Hamilton & Scheetz, Philadelphia, PA, for amicus-appellees Business Roundtable, Product Liability Advisory Council and Chamber Commerce US.
Sandra W. Cuneo, Law Office of Jonathan W. Cuneo, Washington, DC, for amicus-appellants Alliance To End Childhood Lead Poisoning, Consumers Union, Consumer Federation of America, US Conference of Mayors, and National Community Development Ass'n.
Before STAPLETON and COWEN, Circuit Judges and BARRY, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
COWEN, Circuit Judge.
The City of Philadelphia ("City") and the Philadelphia Housing Authority ("PHA") brought this action against manufacturers of lead pigment and their trade association to recover the costs of abating hazardous lead-based paint which plaintiffs must incur pursuant to newly promulgated federal regulations. Plaintiffs allege that for decades defendants knew their product, lead pigment, caused lead poisoning in children...
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