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KLIER v. ELF ATOCHEM NORTH AMERICA, INC.

No. 10-20305.

658 F.3d 468 (2011)

Ralph KLIER, Appellant, v. ELF ATOCHEM NORTH AMERICA, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised September 27, 2011.

Attorney(s) appearing for the Case

Brian Wolfman (argued), Georgetown University Law Ctr., Institute for Pub. Representation, Washington, DC, Allen Mark Stewart , Allen Stewart, P.C., Dallas, TX, for Appellant.

Lewis Cooper Sutherland (argued), Knox D. Nunnally , Vinson & Elkins, L.L.P., Houston, TX, Roger M. Milgrim , Paul Hastings , L.L.P., New York City, Kevin T. Van Wart , Kirkland & Ellis, L.L.P., Chicago, IL, for Defendant-Appellee.

Before JONES, Chief Judge, and HIGGINBOTHAM and SOUTHWICK, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal arises from the settlement of a class action. The defendant paid substantial sums for res judicata protection from the claims of persons assertedly injured by the toxic emissions of an industrial plant near Bryan, Texas. The monies were allocated among three subclasses, one of which was to receive medical monitoring. Upon the monitoring program's completion, substantial sums remained unused. The district court denied...

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