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IN RE AGENT ORANGE PRODUCT LIABILITY LITIGATION

MDL No. 381, CV-80-2284.

611 F.Supp. 1267 (1985)

In re "AGENT ORANGE" PRODUCT LIABILITY LITIGATION. Anna M. LILLEY, Surviving wife of John Lilley, John W., Jeannie D., Thomas R., Debbie L. and Ward C. Lilley, all minor children of John Lilley, deceased by Anna M. Lilley, their mother and next friend, Plaintiffs, v. DOW CHEMICAL COMPANY, Monsanto Company, Hercules Incorporated, Diamond Shamrock Corporation, Thompson Hayward Chemical Company, North American Phillips Corporation and Uniroyal Merchandising Company, Defendants.

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

July 3, 1985.

Attorney(s) appearing for the Case

Robert C. Taylor, Jr., Ashcraft & Gerel, Washington, D.C., for plaintiffs.

Leonard Rivkin, Rivkin, Leff, Sherman & Radler, Garden City, N.Y.; Philip Pakula, Townley & Updike, Wendell B. Alcorn, Jr., Cadwalader, Wickersham & Taft, William Krohley, Kelley, Drye & Warren, Thomas Beck, Arthur, Dry & Kalish, Bruce Hecker, Shea & Gould, New York City, N.Y., of counsel; David R. Gross, Budd, Larner, Kent, Gross, Picillo & Rosenbaum, New York City, N.Y.; Paul V. Esposito, Lewis, Overbeck & Furman, Chicago, Ill.; Henry G. Miller, Clark, Gagliardi & Miller, White Plains, N.Y., for defendants.

Arvin Maskin, Dept. of Justice, Washington, D.C., for third-party defendant U.S.

MEMORANDUM, ORDER, and JUDGMENT

WEINSTEIN, Chief Judge:

Anna Lilley sues on behalf of her deceased husband John Lilley, a Vietnam veteran. (The Lilleys are sometimes individually and jointly referred to as "plaintiff."). Defendants are seven chemical companies that manufactured the herbicide Agent Orange for use in Vietnam. They have moved to dismiss and for summary judgment. As in the cases of the other veterans who opted out of the class, summary judgment...

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