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IN RE METHYL TERTIARY BUTYL ETHER ("MTBE")

Docket Nos. 04-5974-cv(L), 04-6056-cv(CON).

488 F.3d 112 (2007)

In re METHYL TERTIARY BUTYL ETHER ("MTBE") PRODUCTS LIABILITY LITIGATION. The People of the State of California, Plaintiff-Appellant, v. Atlantic Richfield Company, et al., Defendants-Appellees. The State of New Hampshire, Plaintiff-Appellant, v. Amerada Hess Corporation, et al. Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 24, 2007.

Attorney(s) appearing for the Case

Jan Scully, Albert Locher, Russ Detrick, Sacramento County Office of the District Attorney, Sacramento, CA, for California Plaintiff-Appellant.

Kelly Ayotte, Maureen D. Smith, Attorney General of the State of New Hampshire Concord, NH, for New Hampshire Plaintiff-Appellant.

Nathan P. Eimer, Eimer Stahl Klevorn & Solberg LLP, Chicago, IL, for Defendants-Appellees.

Before: RAGGI and HALL, Circuit Judges, and KORMAN, District Judge.

EDWARD R. KORMAN, District Judge.

This interlocutory appeal arises from lawsuits originally filed by the States of California and New Hampshire in their respective state courts against corporations that manufactured, refined, marketed, or distributed gasoline containing methyl tertiary butyl ether ("MTBE"). Refiners have added MTBE to some gasoline since the late 1970s in order to enhance its octane content. The use of MTBE significantly increased after 1990, when...

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