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BLACK HORSE LANE v. DOW CHEMICAL CORP.

No. 00-5031.

228 F.3d 275 (2000)

BLACK HORSE LANE ASSOC., L.P., a New Jersey limited partnership; United States Land Resources, L.P., a New Jersey limited partnership; United States Realty Resources, Inc., a New Jersey Corporation; and Lawrence S. Berger, v. DOW CHEMICAL CORPORATION; Essex Chemical Corporation, a wholly owned subsidiary of Dow Chemical Corporation, a Michigan Corporation; Black Horse Lane Associates, L.P., United States Land Resources, L.P., United States Realty Resources, Inc. and Lawrence S. Berger, Appellants.

United States Court of Appeals, Third Circuit.

Filed September 20, 2000.

Attorney(s) appearing for the Case

Paul H. Schafhauser (argued), Berger & Bornstein, Morristown, NJ, Attorneys for Appellants.

Kenneth H. Mack (argued), Linda Mack, Fox, Rothschild, O'Brien & Frankel, Lawrenceville, NJ, Attorneys for Appellees.

BEFORE: BARRY, WEIS and GREENBERG, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes before this court on an appeal by plaintiffs United States Land Resources, L.P. ("USLR"), United States Realty Resources, Inc. ("USRR"), Black Horse Lane Associates, L.P. ("Black Horse"), and Lawrence S. Berger ("Berger") (collectively "appellants") from two orders entered by the district court in this matter: (1) the order entered August 10, 1999, granting a motion...

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