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BALL v. UNION CARBIDE CORP.

Nos. 02-6289, 02-6311.

385 F.3d 713 (2004)

Fannie BALL, et al. (02-6289); Stephen Heiser, et al. (02-6311), Plaintiffs-Appellants, v. UNION CARBIDE CORP., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 30, 2004.

Attorney(s) appearing for the Case

George E. Barrett (briefed), Edmund L. Carey, Jr. (argued and briefed), Barrett, Johnston & Parsley, Nashville, TN, for Plaintiff-Appellants.

E.H. Rayson (briefed), Thomas M. Hale (briefed), Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville, TN, Kevin T. Van Wart (briefed), Kirkland & Ellis, Chicago, IL, Christopher Landau (argued and briefed), Susan E. Kearns, Kirkland & Ellis, Washington, DC, John T. Buckingham, Assistant United States Attorney (argued and briefed) U.S. Attorneys Office, Knoxville, TN, for Defendants-Appellees.

Before GUY and GILMAN, Circuit Judges; BARZILAY, Judge.

AMENDED OPINION

BARZILAY, Judge.

This is a consolidated case. The Heiser Plaintiffs are individuals who live or have lived in or near Oak Ridge, Tennessee, and who allegedly have cancer or have an increased risk of acquiring cancer or other diseases. The Ball Plaintiffs are African-Americans who live or have lived in a community known as Scarboro in Oak Ridge. Plaintiffs claim that they have been harmed through exposure to radioactive and other...

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