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MEACHAM v. KNOLLS ATOMIC POWER LABORATORY

Nos. 97-CV-12 (DRH), 97-CV-45 (DRH).

627 F.Supp.2d 72 (2009)

Clifford B. MEACHAM; Thedrick L. Eighmie; and Allen G. Sweet, all individually and on behalf of all other persons similarly situated; and James R. Quinn, PhD; Deborah L. Bush; Raymond E. Adams; Wallace Arnold; William F. Chabot; Allen E. Cromer; Paul M. Gundersen; Clifford J. Levendusky; Bruce E. Palmatier; Neil R. Pareene; William C. Reynheer; John K. Stannard; David W. Townsend; and Carl T. Woodman, Plaintiffs, v. KNOLLS ATOMIC POWER LABORATORY, aka KAPL, Inc.; Lockheed Martin, Inc.; and John J. Freeh, individually and as an employee of KAPL and Lockheed Martin, Defendants. James R. Quinn, PhD, Plaintiff, v. Knolls Atomic Power Laboratory, Inc., aka KAPL, Inc.; Lockheed Martin, Inc.; and John J. Freeh, individually and as an employee of KAPL and Lockheed Martin, Defendants.

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

May 1, 2009.

Attorney(s) appearing for the Case

Berger, DuCharme, Harp & Clark, LLP, John B. DuCharme, Esq., Joseph C. Berger, Esq., of Counsel, Clifton Park, NY, Howe & Russell, P.C., Kevin K. Russell, Esq., of Counsel, Bethesda, MD, for Plaintiffs.

Nixon Peabody LLP, Margaret A. Clemens, Esq., John E. Higgins, Esq., of Counsel, Rochester, NY, for Defendants.

MEMORANDUM-DECISION AND ORDER

DAVID R. HOMER, United States Magistrate Judge.

Presently pending is the resolution of three issues, described below, remanded to this Court by the Second Circuit Court of Appeals. The parties have briefed the issues and oral argument was heard on March 26, 2009. For the reasons which follow, the Court holds that defendants waived the affirmative defense at issue, that waiver...

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