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RICCI v. ALTERNATIVE ENERGY INC.

No. 99-1919.

211 F.3d 157 (2000)

Thomas R. RICCI, etc., Plaintiff, Appellant, v. ALTERNATIVE ENERGY INC., Beaver Plant Operations, Inc., Zurn Epc Services, Inc., and Zurn Industries, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 2, 2000.

Attorney(s) appearing for the Case

Kevin J. McAllister, with whom Brennan, Recupero, Cascione, Scungio & McAllister and E. James Hamilton were on brief, for appellant.

Daniel R. Mawhinney, with whom Michael R. Bosse and Thompson & Bowie were on brief, for appellees Zurn EPC Services, Inc. and Zurn Industries, Inc.

Phillip D. Buckley, Paul W. Chaiken, and Rudman & Winchell, LLC on brief for appellees Alternative Energy, Inc. and Beaver Plant Operations, Inc.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

A fall of some 80 feet from a tall biomass stack at a power plant in Livermore Falls, Maine, killed David Ricci, a young environmental worker sent to do emissions testing on the stack. This tort action by Ricci's father, Thomas Ricci, was brought against the company whose stack was involved, Alternative Energy, Inc., and its predecessor ("the AEI defendants") and the design/build contractor of the power...

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