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SPITZFADEN v. DOW CORNING CORP.

Nos. 97-CA-1011, 97-CA-1779.

708 So.2d 777 (1998)

Marilyn SPITZFADEN, Individually, and as a Representative of a Class of Those Similarly Situated v. DOW CORNING CORPORATION, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 16, 1998.

Attorney(s) appearing for the Case

Louisiana Plaintiffs' Steering Committee, New Orleans, Vance R. Andrus, Chair, Plaintiffs' Steering Committee, Andrus, Boudreaux, Lemoine & Tonore, Lafayette, Wendell H. Gauthier, Chair, Bristol-Myers Squibb Subdivision, Gauthier, Downing, LaBarre, Beiser & Dean, Metairie, Dawn M. Barrios, Chair, Dow Chemical Subdivision, Barrios, Kingsdorf & Casteix, L.L.P., New Orleans, Walter J. Leger, Jr., Christine L. Desue, Leger & Mestayer, New Orleans, for Louisiana Plaintiffs' Steering Committee.

Joseph Maselli, Jr., E. Ashley Carter, Plauche, Maselli & Landry, New Orleans, John J. Weigel, Madeleine Fischer, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, William D. Eggers, Nixon, Hargrave, Devans & Doyle, LLP, Rochester, NY, for Defendant/Appellee Corning Incorporated.

Charles M. Steen, Phelps Dunbar, L.L.P., New Orleans, David L. Carrigee, Burke & Mayer, New Orleans, H. Alston Johnston, III, Phelps Dunbar, L.L.P., Baton Rouge, for Dow Chemical Company.

Before KLEES, LANDRIEU and CIACCIO, JJ.

CIACCIO, Judge.

These consolidated appeals arise from a ruling of the trial court granting summary judgment in favor of Corning, Inc. in this long-standing breast implant litigation. In this judgment, the trial court dismissed plaintiffs' claims against Corning, Inc. and further dismissed Dow Chemical's crossclaim against Corning for contribution. Plaintiffs and Dow Chemical have both appealed from this judgment.

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