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IN RE MTBE PRODUCTS LIABILITY LITIGATION

Master File No. 1:00-1898. MDL No. 1358 (SAS). No. M21-88.

568 F.Supp.2d 376 (2008)

In re: METHYL TERTIARY BUTYL ETHER ("MTBE") PRODUCTS LIABILITY LITIGATION. This document relates to: Tonneson, et al. v. Sunoco, Inc., et al., 03 Civ. 8284. Basso, et al. v. Sunoco, Inc., et al., 03 Civ. 9050.

United States District Court, S.D. New York.

July 16, 2008.

Attorney(s) appearing for the Case

Robin Greenwald, Esq., Robert Gordon, Esq., Weitz & Luxenberg, P.C., New York, NY, for Plaintiffs.

Michael D. Axline, Esq., Tracey L. O'Reilly, Esq., Miller, Axline & Sawyer, Sacramento, CA, John A. Sarcone III, Esq., The Sarcone Law Firm, White Plains, NY, for Plaintiffs.

Peter John Sacripanti, Esq., James A. Pardo, Esq., McDermott Will & Emery LLP, New York, NY, for Defendants and Counsel for ExxonMobil.

Daniel Krainin, Esq., Beveridge & Diamond, New York, NY, for Defendant Sunoco, Inc. and Sunoco, Inc. (R & M).

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge:

I. INTRODUCTION

Dave Tonneson purchased vacant land along scenic Route 9W near the Hudson River as an investment. After discovering that the drinking water wells on the property had been contaminated with the gasoline additive methyl tertiary butyl ether ("MTBE"), Tonneson sued the corporation that owned a nearby Sunoco gasoline station seeking various forms of relief including compensatory...

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