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SAHU v. UNION CARBIDE CORP.

Docket No. 06-5694-cv.

548 F.3d 59 (2008)

Janki Bai SAHU, Shanti Bai, Munee Bi, Qamar Sultan, Firdaus Bi, Nusrat Jahan, Pappu Singh, Jameela Bi, Meenu Rawat, Bano Bi, Maksood Ahmed, Babu Lal, and Kaval Ram, Plaintiffs-Appellants, v. UNION CARBIDE CORPORATION, Warren Anderson, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 3, 2008.

Attorney(s) appearing for the Case

Richard S. Lewis, Cohen Milstein Hausfeld & Toll, PLLC (Matthew K. Handley, Reena Gambhir, of counsel), Washington, DC, for Plaintiffs-Appellants.

Curtis V. Trinko, New York, NY, for Plaintiffs-Appellants.

H. Rajan Sharma, Edison, NJ, for Plaintiffs-Appellants.

Richard Herz, Marco Simons, Earth-Rights International, Washington, DC, for Plaintiffs-Appellants.

Esther Berezofsky, Gerald Williams, Williams Cuker Berezofsky, Cherry Hill, NJ, for Plaintiffs-Appellants.

Neal A. DeYoung, Koskoff Koskoff & Bieder, PC, Bridgeport, CT, for Amici Curiae Members of Congress, in support of Plaintiffs-Appellants.

William A. Krohley, Kelley Drye & Warren LLP (William C. Heck, of counsel), New York, NY, for Defendants-Appellees.

Before: KEARSE, CALABRESI, and SACK, Circuit Judges.

SACK, Circuit Judge:

This appeal requires us to consider, at the threshold, whether we may exercise appellate jurisdiction over both of the district court's orders disposing of the plaintiffs' claims under the circumstances presented even though the plaintiffs' notice of appeal specifies only one order that appears to resolve only one claim. We also consider the circumstances under which a district court may, sua sponte, convert a motion to dismiss under Federal...

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