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ENVIRONMENTAL LAW FOUNDATION v. WYKLE RESEARCH, INC.

No. A109252.

35 Cal.Rptr.3d 788 (2005)

134 Cal.App.4th 60

ENVIRONMENTAL LAW FOUNDATION, Plaintiff and Appellant, v. WYKLE RESEARCH, INC., Defendant and Respondent.

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

November 17, 2005.

Attorney(s) appearing for the Case

James R. Wheaton, Iryna A. Kwasny, Joshua Joseph Borger, Environmental Law Foundation, Oakland, CA, for plaintiff and appellant.

Ann G. Grimaldt, Eric S.C. Lindstrom, Stanley Landfair, McKenna Long & Aldridge LLP, San Francisco, CA, for defendant and respondent.

POLLAK, J.

The Environmental Law Foundation (ELF) appeals from a summary judgment dismissing its complaint under the California Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5 et seq. (Proposition 65 or the Act), against Wykle Research, Inc. (Wykle). ELF contends the trial court erred in holding that the warning of mercury toxicity Wykle includes with the dental amalgam it manufactures comes within the "safe harbor" provisions...

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