MEST v. CABOT CORP.

No. 04-4457.

449 F.3d 502 (2006)

Merrill MEST; Betty Mest; Sue Hallowell (Individually and as Trustee of the Trust); Wayne Hallowell (Individually and as Trustee of the Trust); Sean Hallowell; Amber Hallowell a minor, by her next friend and parent, Wayne Hallowell; The Hallowell Farms Partnership; The Wayne Z. Hallowell Family Revocable Trust, Appellants, v. CABOT CORPORATION; Cabot Performance Materials, Appellees.

United States Court of Appeals, Third Circuit.

May 31, 2006.


Attorney(s) appearing for the Case

Gary A. Bryant (Argued), Willcox & Savage, P.C., Norfolk, VA, Michael C. Davis, Peter K. Killough, Carter Ledyard & Milburn LLP, Washington, DC, for Appellants.

Neil S. Witkes (Argued), Manko, Gold, Katcher & Fox LLP, Bala Cynwyd, PA, for Appellees.

Before ROTH, FUENTES, and GARTH, Circuit Judges.


OPINION OF THE COURT

FUENTES, Circuit Judge.

Wayne and Suzanne Hallowell and Merrill and Betty Mest are dairy farmers whose cows suffered from various ailments over the course of twenty years before being diagnosed with fluorosis in 1999.1 Upon learning the cause of their cows' symptoms, the Hallowells and the Mests sued Cabot Corporation and Cabot Performance Materials (collectively, "Cabot") alleging, among other things, that...

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