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BERG v. POPHAM

No. 01-35807.

412 F.3d 1122 (2005)

David BERG; Marge Berg, Plaintiffs-Appellants, v. David POPHAM; Tsukiko Popham, Defendants, and Norge Corporation, and its successors in interest; Magic Chef Corporation; Maytag Corporation; ABC Inc.; ABC Co.; ABC Corp., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn October 4, 2002.

Resubmitted June 16, 2005.

Filed June 24, 2005.

Attorney(s) appearing for the Case

Michael W. Flanigan, Walther & Flanigan, Anchorage, AK, for the plaintiffs-appellants.

I. Franklin Hunsaker, Bullivant Houser Bailey, Portland, OR, Christopher W. Angius, Holland & Knight LLP, Portland, OR, for the defendants-appellees.

Before: B. FLETCHER, ARTHUR L. ALARCÓN, and GRABER, Circuit Judges.

ALARCÓN, Senior Circuit Judge:

This matter is before us to review the Alaska state law questions presented by the parties to this dispute.1 This appeal presents a novel issue under Alaska law, i.e., is an entity subject to liability under Alaska Statute ("AS") § 46.03.822(a)(4) if it manufactured or sold a useful product that, when used as designed and installed by the manufacturer, releases hazardous substances.

The...

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