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RAINER v. UNION CARBIDE CORP.

No. 03-6032.

402 F.3d 608 (2005)

Alphonse RAINER et al., Plaintiffs-Appellants, v. UNION CARBIDE CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 8, 2005.

Opinion Amended on Rehearing March 25, 2005.

Attorney(s) appearing for the Case

ARGUED: Douglas H. Morris II, Oldfather & Morris, Louisville, Kentucky, for Appellants. Robert E. Tait, Vorys, Sater, Seymour & Pease, Columbus, Ohio, Elizabeth R. Geise, Goodwin Procter, Washington, D.C., for Appellees. ON BRIEF: Douglas H. Morris II, Andrew J. Horne, Oldfather & Morris, Louisville, Kentucky, William F. McMurry, McMurry & Associates, Louisville, Kentucky, for Appellants. Robert E. Tait, Gail C. Ford, Vorys, Sater, Seymour & Pease, Columbus, Ohio, Mark C. Whitlow, Whitlow, Roberts, Houston & Straub, Paducah, Kentucky, G. Wilson Horde, Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville, Tennessee, Elizabeth R. Geise, Matthew M. Hoffman, Goodwin Procter, Washington, D.C., Charles S. Cassis, Lori E. Hammond, Frost, Brown & Todd, Louisville, Kentucky, for Appellees.

Before: DAUGHTREY and GILMAN, Circuit Judges; RICE, District Judge.

OPINION

GILMAN, Circuit Judge.

Workers at a uranium-enrichment plant near Paducah, Kentucky were exposed over many years to dangerous radioactive substances without their knowledge. Although not yet suffering from any symptoms of a clinical disease, four such workers and members of their families have sued General Electric (GE), the supplier of the spent uranium fuel to the plant, and the plant's three successive operators (the defendant-operators) on various...

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