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IN RE 1994 EXXON CHEMICAL FIRE

No. 07-30530.

558 F.3d 378 (2009)

In re: 1994 EXXON CHEMICAL FIRE. Vivian Adam; Annette Addison; Bridget Akins; Rita Alet; Clay Alexander; et al., Plaintiffs-Appellants, v. Thomas Berry; Allen Hill; Exxon Chemical HDPE, Inc.; Exxon Corporation, also known as Exxon Chemical; William Senn; Yuti Lee; A.R. Devall; David Lockhart; M.T. Miesch; Howard C. Paul, also known as Woody; Troy Duplessis; Ronald C. Evans; Phillip W. Hicks; Exxon Risk Management Services, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 4, 2009.

Attorney(s) appearing for the Case

Donald Wayne Price, Due', Price, Guidty, Piedrahita & Andrews, Baton Rouge, LA, David W. Robertson (argued), Austin, TX, Joseph M. Bruno, Bruno & Bruno, New Orleans, LA, Calvin Clifford Fayard, Jr., Denham Springs, LA, for Plaintiffs-Appellants.

Michael Patrick Cash (argued), Justin Joseph Presnal, Wade Thomas Howard, Winstead PC, Houston, TX, for Defendants-Appellees.

Before JOLLY, BARKSDALE, and HAYNES, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

In this long-pending litigation arising out of a chemical fire in 1994 at Exxon Corporation's chemical plant at Baton Rouge, Louisiana, Plaintiffs-Appellants number over 16,000 persons, consolidated into 25 separate actions, and all involving actions removed from state court. Following five jury trials, and only on the basis of a removal issue, Appellants contest a 2007 take-nothing judgment against their personal-injury claims...

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