In re "AGENT ORANGE" PRODUCT LIABILITY LITIGATION.
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 Zalewaski, Individually and as Representative of the Estate of Yen Zalewaski, Deceased; Gary Thomas; Mary Lee Thomas; James L. Kent; Emma I. Kent; 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; Ronald L. Hartman, Katherina H. Hartman, and as Next Friend to Jeffery Alan Hartman and Angela Marie Hartman, Both minors individually and as Representative of those similarly situated, Plaintiffs-Appellants,
James White, Individually and as Representative of the Estate of Clarence White, Deceased; Charles Brown, Plaintiffs,
v.
DIAMOND SHAMROCK CHEMICALS COMPANY, also known as Diamond Shamrock Refining & Marketing Company, also known as Occidental Electro Chemical Corporation, also known as Maxus Energy Corp., also known as Occidental Chemical Corporation, also known as Diamond Shamrock Co.; Dow Chemical Company; Monsanto Company; Uniroyal, Inc.; Hercules, Inc.; Thompson-Hayward Chemical Company; T.H. Agriculture & Nutrition Company, Inc., Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued February 8, 1993.
Decided June 24, 1993.
Attorney(s) appearing for the Case
Robert M. Hager, Washington, DC, Benton Musslewhite, Houston, TX (Kelly L. Newman, of counsel), for plaintiffs-appellants.
John C. Sabetta, New York City (Lord Day & Lord, Barrett Smith, of counsel), for defendant-appellee Monsanto Co.
Steven R. Brock, New York City (Rivkin, Radler & Kremer, Uniondale, NY, of counsel), for defendant-appellee Dow Chemical Co.
Michael M. Gordon, New York City (Cadwalader, Wickersham & Taft, of counsel), for defendant-appellee Diamond Shamrock Chemicals Co.
Shea & Gould, New York City, for defendant-appellee Uniroyal, Inc.
Kelley, Drye & Warren, New York City, for defendant-appellee Hercules, Inc.
Clark, Gagliardi & Miller, White Plains, NY, for defendant-appellee T.H. Agriculture & Nutrition Co., Inc.
The States of Ala., Ark., Hawaii, Idaho, Ill., Ind., Kan., La., Minn., Nev., N.J., N.M., New York, N.D., Ohio, S.D., Tex., Utah, Vt., W.Va., and the Com. of Mass. (Kenneth J. Chesebro, Cambridge, MA; Brian Stuart Koukoutchos, Lexington, MA; James H. Evans, Atty. Gen., Montgomery, AL; Winston Bryant, Atty. Gen., Little Rock, AR; Robert A. Marks, Atty. Gen., Honolulu, HI; Larry Echohawk, Atty. Gen., Boise, ID; Roland W. Burris, Atty. Gen., Chicago, IL; Linley E. Pearson, Atty. Gen., Indianapolis, IN; Robert T. Stephan, Atty. Gen., Topeka, KS; Richard P. Ieyoub, Atty. Gen., Baton Rouge, LA; Scott Harshbarger, Atty. Gen., Boston, MA; Hubert H. Humphrey, III, Atty. Gen., St. Paul, MN; Frankie Sue Del Papa, Atty. Gen., Carson City, NV; Robert J. Del Tufo, Atty. Gen., Trenton, NJ; Tom Udall, Atty. Gen., Santa Fe, NM; Robert Abrams, Atty. Gen., New York City; Nicholas J. Spaeth, Atty. Gen., Bismarck, ND; Lee Fisher, Atty. Gen., Columbus, OH; Mark Barnett, Atty. Gen., Pierre, SD; Dan Morales, Atty. Gen., Austin, TX; Paul Van Dam, Atty. Gen., Salt Lake City, UT; Jeffrey L. Amestoy, Atty. Gen., Montpelier, VT; Mario J. Palumbo, Atty. Gen., Charleston, WV, of counsel), amici curiae in Support of appellants.
Center for Claims Resolution, Princeton, NJ (Lawrence Fitzpatrick, John Gaul, Princeton, NJ, John D. Aldock, Frederick C. Schafrick, Laura S. Wertheimer, Elise J. Rabekoff, Shea & Gardner, Washington, DC, of counsel), amicus curiae in Support of appellees.
Before: VAN GRAAFEILAND, KEARSE and CARDAMONE, Circuit Judges.
United States Court of Appeals, Second Circuit.
VAN GRAAFEILAND, Circuit Judge:
Two groups of veterans and their family members, who sue both individually and on behalf of others similarly situated, appeal from a judgment of the United States District Court for the Eastern District of New York (Weinstein, J.) dismissing their tort claims against seven chemical companies which manufactured the defoliant Agent Orange. Ryan v. Dow Chemical Co.,781 F.Supp. 902 (E.D.N.Y...
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