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GUILLORY v. UNION PACIFIC CORP.

No. 01-0960.

817 So.2d 1234 (2002)

Gwendolyn GUILLORY, et al. v. UNION PACIFIC CORP., et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 26, 2002.

Attorney(s) appearing for the Case

Clayton Davis, Hunter W. Lundy, James D. Cain, Lundy & Davis, L.L.P., Lake Charles, LA, Brent L. Chism, Sanders, Crochet & Chism, L.L.P., Lake Charles, LA, for Plaintiffs/Appellants, Gwendolyn Guillory, et al.

William B. Monk, Stockwell, Sievert, Viccellio, Clements & Shaddock, L.L.P., Lake Charles, LA, for Defendants/Appellees, PPG Industries, Inc., W.J. Peard, A.L. Greathouse, Harry C. Hank, Tommy G. Brown.

David Andrew Fraser, Fraser, Morris & Wheeler, L.L.P., Lake Charles, LA, William H. Howard, III, Alissa J. Allison, Neil C. Abramson, Phelps Dunbar, L.L.P., New Orleans, LA, Steven J. Levine, Patrick O'Hara, Phelps Dunbar, L.L.P., Baton Rouge, LA, for Defendants/Appellees, Dallas Stutes, Union Pacific Railroad Company.

Court composed of Chief Judge NED E. DOUCET, Jr., JIMMIE C. PETERS, and MARC T. AMY, Judges.

PETERS, J.

This is an appeal brought by the plaintiffs following the trial court's denial of the plaintiffs' motion for class certification. For the following reasons, we reverse and remand for further proceedings.

On April 20, 1983, approximately 12,000 gallons of perchloroethylene (PCE), a toxic and hazardous chemical, were spilled at a railroad yard owned by Union Pacific Railroad located just north of a section...

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