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U.S. FIRE INS. CO. v. VANDERBILT UNIVERSITY

Nos. 00-5239, 00-5301.

267 F.3d 465 (2001)

UNITED STATES FIRE INSURANCE COMPANY, Plaintiff-Appellee, Plaintiff-Appellant, v. VANDERBILT UNIVERSITY; and Vanderbilt University Medical Center, Defendants-Appellants, Defendants, St. Paul Fire & Marine Insurance Company; and St. Paul Mercury Insurance Company, Defendants, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 28, 2001.

Attorney(s) appearing for the Case

ARGUED: Gregg W. Mackuse, MILLER, ALFANO & RASPANTI, Philadelphia, Pennsylvania, Bethany K. Culp, HINSHAW & CULBERTSON, Minneapolis, Minnesota, for Defendants. Brian S. Martin, SHEINFELD, MALEY & KAY, Houston, Texas, for Plaintiffs.

ON BRIEF: Gregg W. Mackuse, MILLER, ALFANO & RASPANTI, Philadelphia, Pennsylvania, Bethany K. Culp, HINSHAW & CULBERTSON, Minneapolis, Minnesota, William N. Ozier, BASS, BERRY & SIMS, Nashville, Tennessee, George B. McGugin, WATKINS, McGUGIN, McNEILLY & ROWAN, PLLC, Nashville, Tennessee, for Defendants. Brian S. Martin, Janis H. Detloff, SHEINFELD, MALEY & KAY, Houston, Texas, Michael S. Quinn, SHEINFELD, MALEY & KAY, Austin, Texas, H. Buckley Cole, GREENEBAUM, DOLL & McDONALD PLLC, Nashville, Tennessee, for Plaintiffs.

Before: BOGGS and SUHRHEINRICH, Circuit Judges; and CLELAND, District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

BOGGS, Circuit Judge.

Nearly fifty years after conducting an experiment in which over eight hundred pregnant women ingested a liquid substance that — unbeknownst to the women — contained radioactive iron isotopes, Vanderbilt University and the Vanderbilt University Medical Center ("Vanderbilt") were sued in a class action lawsuit. Vanderbilt...

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