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SWEET v. SHEAHAN

Docket No. 00-7350.

235 F.3d 80 (2000)

Nancy SWEET, Individually and as Mother and Natural Guardian of Thomas Sweet a/k/a Thomas Brown, Plaintiff-Appellee, v. Robert SHEAHAN, Defendant-Appellant, American Cyanamid Company, Successor in interest to MacGreggor Lead Company, Atlantic Richfield Company, Eagle-Picher Industries, Inc., Lead Industries Associations, Inc., N.L. Industries, Inc., SCM Corporation, as Successor in interest to the Glidden Company, SCM Chemicals, Inc., f/k/a SCM Pigments and Glidden Pigments, The Glidden Company, The O'Brien Corporation, d/b/a Fuller-O'Brien Paints, The Sherwin Williams Company, and E.I. Dupont De Nemours & Co., Defendants.

United States Court of Appeals, Second Circuit.

Argued October 19, 2000.

Decided December 13, 2000.

Attorney(s) appearing for the Case

Gary C. Hobbs, Poklemba, Hobbs & Ulasewicz, LLC, Saratoga Springs, NY, for Plaintiff-Appellee Nancy Sweet.

James E. Cullum, McPhillips, Fitzgerald & Cullum LLP, Glens Falls, NY, for Defendant-Appellant Robert Sheahan.

Clarin Nardy Riddle and Charles N. Rock, Rock & Rosmarin, LLP, White Plains, NY, submitted a brief, for Amici Curiae The National Multi-Housing Council, et al.

Laurene K. Janik, Ralph W. Holmen, Finley P. Maxson, National Association of Realtors Institute of Real Estate Management, Chicago, IL, submitted a brief, for Amicus Curiae National Association of Realtors Institute of Real Estate Management.

R. Justin Smith and Bruce Nilles, Attorneys, U.S. Department of Justice, Washington DC, and Lois J. Schiffer, Assistant Attorney General, Environment and Natural Resources Div., submitted a brief, for Amicus Curiae United States of America.

Before CABRANES, POOLER, KATZMANN, Circuit Judges.

Introduction

KATZMANN, Circuit Judge:

Defendant Robert Sheahan ("Sheahan" or "defendant") appeals a decision of the District Court for the Northern District of New York (David N. Hurd, J.), which denied his motion to dismiss plaintiff's claim. Plaintiff Nancy Sweet, individually and on behalf of her son Thomas Brown ("plaintiff" or "Sweet"), brought suit against defendant on the grounds that, inter alia, defendant failed to provide her...

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