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MITSUBISHI MATERIALS CORP. v. SUPERIOR COURT

No. G030056.

130 Cal.Rptr.2d 734 (2003)

106 Cal.App.4th 39

MITSUBISHI MATERIALS CORPORATION et al., Petitioners, v. The SUPERIOR COURT of Orange County, Respondent; Frank H. Dillman et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Three.

As Modified March 7, 2003.

Review Granted April 30, 2003.

Attorney(s) appearing for the Case

Morrison & Foerster, Kathleen V. Fisher, Arne D. Wagner and H. Mark Mersel, Irvine, for Petitioners.

Robert D. McCallum, Jr., Assistant Attorney General of the United States, John S. Gordon, United States Attorney; Mark Stern, Douglas Hallward-Driemeier, Kathleen Kane, United States Department of Justice; James G. Hergen and Lara A. Ballard, United States Department of State, for the United States of America as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Herman, Mathis, Casey, Kitchens & Gerel, David S. Casey, Jr., and Bonnie E. Kane, San Diego, for Real Parties in Interest.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Louis Verdugo, Jr., Senior Assistant Attorney General, Catherine Z. Ysrael, Supervising Deputy Attorney General, and Angela Sierra, Deputy Attorney General, for the State of California as Amicus Curiae on behalf of Real Parties in Interest.

OPINION

SILLS, P.J.

I

Before us are claims by surviving American prisoners of war against a number of Japanese companies for whom they were forced to do slave labor during World War II. It is a remarkable case, one in which the Attorney General of the United States and the Attorney General of the State of California are on opposite sides.

The immediate cause of the litigation is a recent change to our state law which was intended to allow...

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