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McCARTHY v. OLIN CORP.

No. 458, Docket 96-7320.

119 F.3d 148 (1997)

Carolyn McCARTHY, individually and as Executrix of the Estate of Dennis McCarthy; Kevin McCarthy; MaryAnne Phillips; and Robert C. Phillips, Plaintiffs-Appellants, v. OLIN CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 16, 1997.

Attorney(s) appearing for the Case

Leon Segan, New York City (Fred J. Hirsh, New York City, on the brief), for Plaintiffs-Appellants.

Daniel P. Jaffe, St. Louis, MO (Arthur L. Smith, Jeanine R. Bermel, Husch & Eppenberger, St. Louis, MO, Edward P. Dunphy, Armienti Brooks DeBellis & Dunphy, New York City, of counsel), for Defendant-Appellee.

Before: MESKILL, CALABRESI and CABRANES, Circuit Judges.

MESKILL, Circuit Judge:

Plaintiffs include two surviving victims and the estate of one deceased victim of the December 7, 1993 assault on the 5:33 p.m. Long Island Railroad commuter train.1 The bullets used in the shootings were Winchester "Black Talon" hollowpoint bullets, designed to enhance the injuries of their victims. This action was brought in New York State Supreme Court against, inter alios, Olin Corporation, the manufacturer...

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