Nos. 96-7623, 96-7624, 96-7625.

193 F.3d 613 (1999)

In re TMI LITIGATION Lori Dolan; Joseph Gaughan; Ronald Ward; Estate of Pearl Hickernell; Kenneth Putt; Estate of Ethelda Hilt; Paula Obercash; Jolene Peterson; Estate of Gary Villella; Estate of Leo Beam, Appellants No. 96-7623. In re TMI Litigation All Plaintiffs Except Lori Dolan, Joseph Gaughan, Ronald Ward, Estate of Pearl Hickernell, Kenneth Putt, Estate of Ethelda Hilt, Paula Obercash, Jolene Peterson, Estate of Gary Villella and Estate of Leo Beam, Appellants No. 96-7624. In re TMI Litigation. All Plaintiffs; Arnold Levin; Laurence Berman; Lee Swartz Appellants No. 96-7625.

United States Court of Appeals, Third Circuit.

Opinion filed: November 2, 1999.

Attorney(s) appearing for the Case

Arnold Levin, Esq., Laurence S. Berman, Esq. (Argued), Craig D. Ginsburg, Esq., Levin, Fishbein, Sedran & Berman, Philadelphia, PA,

Lee C. Swartz, Esq., Hepford, Swartz & Morgan, Harrisburg, PA, Attorneys for Appellants in Nos. 96-7623, 96-7624, 96-7625.

Lou Tarasi, Esq., Tarasi & Johnson, P.C., Pittsburgh, PA, Of Counsel for Certain Appellants Identified in the Entry of Appearance in Appeal No. 96-7624, 96-7625.

Stephen A. Saltzburg, Esq. (Argued), Howrey Professor of Trial Advocacy, Litigation and Professional Responsibility, George Washington Law School, Washington, D.C., Of Counsel for Appellants in No. 96-7623, 96-7624, 96-7625.

Daniel J. Capra, Esq., Reed Professor of Law, Fordham University School of Law, New York, N.Y., Of Counsel for Certain Appellants Identified in the Entry of Appearance in Appeal No. 96-7625.

A.H. Wilcox, Esq. (Argued), Ellen K. Scott, Esq. (Argued), Eric J. Rothschild, Esq. (Argued), Pepper, Hamilton & Scheetz, LLP, Philadelphia, PA,

Lewis S. Kunkel, Jr., Esq., Thomas B. Schmidt, III, Esq., Pepper, Hamilton & Scheetz LLP, Harrisburg, PA, Attorneys for Appellees in Nos. 96-7623, 96-7624, 96-7625.

Reuben A. Guttman, Esq., Provost & Umphrey, Washington, D.C.,

Ned Miltenberg, Esq., Associate General Counsel, Association of Trial Lawyers of America ("ATLA"), Washington, D.C., Amicus Curiae, Association of Trial Lawyers of America ("ATLA"), in Support of Appellants.

Before: GREENBERG and McKEE, Circuit Judges, and GREENAWAY, District Judge.

McKEE, Circuit Judge



These three appeals arise out of the nuclear reactor accident which occurred on March 28, 1979, at Three Mile Island in Dauphin County, Pennsylvania.1 Two of the appeals concern the personal injury claims of more than 2,000 Three Mile Island area residents who allege that they have developed neoplasms


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