CITY OF CHICAGO v. AMERICAN CYANAMID CO.

No. 1-03-3276.

823 N.E.2d 126 (2005)

355 Ill. App.3d 209

291 Ill.Dec. 116

The CITY OF CHICAGO, a Municipal Corporation, Plaintiff-Appellant, v. AMERICAN CYANAMID COMPANY, Atlantic Richfield Company, BP Corporation North America, Inc., BP America, Inc., Conagra Foods, Inc., Conagra Grocery Products Company, E.I. du Pont de Nemours and Company, Millenium Chemicals, Inc., Millenium Inorganic Chemicals, Inc., NL Industries, Inc., and The Sherwin-Williams Company, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

January 14, 2005.


Attorney(s) appearing for the Case

Corporation Counsel, City of Chicago (Mara S. George, Lawrence Rosenthal, Benna Ruth Solomon, Suzanne M. Loose, of counsel), Environmental Law Program Chicago Legal Clinic, Chicago (Keith Harley, of counsel), Lawyers Committee for Civil Rights Under Law, Inc., Chicago (Sarah Vanderwicken, Amy L. Zimmerman, of counsel), for Appellant.

Wildman, Harrold, Allen & Dixon, LLP, Chicago (James P. Dorr, Sarah L. Olson, Lisa S. Simmons, of counsel), for Appellee E.I. du Pont de Nemours and Company.

Amicus Curiae of the Alliance for Healthy Homes, American Public Health Association, Day Care Action Council of Illinois, Health and Disability Advocates, Infant Welfare Society of Chicago, Illinois Chapter of the American Academy of Pediatrics, Illinois Public Health Association, Lawyers' Committee for Better Housing, Metropolitan Tenants Organization, Uptown People's Law Center and Voices for Illinois Children, Kinoy, Taren & Geraghty P.C., Chicago (Jeffery L. Taren, of counsel), for Appellant.

Amicus Curiae of the Illinois Manufacturers' Association, Vedder, Price, Kaufman & Kammholz, P.C., Chicago (Andrew M. Gardner, James A. Spizzo, of counsel), for Appellees.

Amicus Curiae of the Product Liability Advisory Council, Product Liability Advisory Council, Inc. (Hugh F. Young, Jr., of counsel), Dechert LLP (James M. Beck, of counsel), Segal McCambridge Singer & Mahoney, Ltd., Chicago (Paul E. Wojcicki, of counsel), for Appellees.


Justice GALLAGHER delivered the opinion of the court:

This is a public nuisance case. Plaintiff, the City of Chicago, has filed suit against American Cyanamid Company, Atlantic Richfield Company, BP Corporation North America, Inc., BP America, Inc., Conagra Foods, Inc., Conagra Grocery Products Company, E.I. du Pont de Nemours and Company, Millenium Chemicals, Inc., Millenium Inorganic Chemicals, Inc., NL Industries, Inc., and the Sherwin-Williams Company, which are...

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