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MADISON v. CHALMETTE REFINING, L.L.C.

No. 10-30368.

637 F.3d 551 (2011)

Marian B. MADISON; Jodi Hebert, Wife of/and; Philip Hebert, Individually and on Behalf of Their Minor Children, Joshua Hebert, Ashley Hebert, Kristina Hebert; Danette Dominick, Wife; Andre Dominick, Individually, and on Behalf of His Minor Child, Kayla Dominick, Plaintiffs-Appellees, v. CHALMETTE REFINING, L.L.C., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 4, 2011.

Attorney(s) appearing for the Case

Daniel E. Becnel, Jr. (argued), Becnel Law Firm, L.L.C., Reserve, LA, Gerald Edward Meunier, Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., Matthew B. Moreland , New Orleans, LA, Gair M. Oldenburg , Law Offices of Ronnie G. Penton, Waldon M. Hingle , Michael Hingle & Associates, Slidell, LA, Sidney Donecio Torres, III , Law Offices of Sidney D. Torres, III, Chalmette, LA, for Plaintiffs-Appellees.

Michael P. Cash (argued), Gardere Wynne Sewell, L.L.P., Houston, TX, Sean Patrick Brady , Flanagan Partners, L.L.P., Robert Beattie McNeal , Liskow & Lewis, New Orleans, LA, for Defendant-Appellant.

Before JONES, Chief Judge, and DENNIS and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

This is an interlocutory appeal under Rule 23(f) of the Federal Rules of Civil Procedure. Defendant-Appellant Chalmette Refining, L.L.C., appeals the district court's order certifying a class alleging claims arising out of a petroleum coke dust release from its refinery. For the following reasons, we REVERSE the district court's order granting class certification and REMAND this case for further proceedings.

FACTS AND PROCEEDINGS...

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