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KEISTER v. DOW CHEMICAL CO.

No. LR-C87-236.

723 F.Supp. 117 (1989)

Jerry L. KEISTER, et al., Plaintiffs, v. The DOW CHEMICAL COMPANY, Vertac Chemical Corporation, and Hercules, Inc., Defendants.

United States District Court, E.D. Arkansas, W.D.

October 8, 1989.

Attorney(s) appearing for the Case

J. Mark Kressenberg, Jones & Granger, Houston, Tex., Griffin Smith, Smith, Smith, Nixon & Duke, Little Rock, Ark., Sidney Gilreath, Gary Davis, Gilreath & Associates, Knoxville, Tenn., and R. David Lewis, Little Rock, Ark., for plaintiffs.

Bruce Munson, Sarah Presson, Huckabay, Munson, Rowlett & Tilley, Lee L. Thalheimer, Arnold, Grobmeyer & Haley, and Steve Engstrom, Wilson, Engstrom, Corum & Dudley, Little Rock, Ark., for defendant, Vertac Chemical Corp. (receiver).

Ronald A. May, Wright, Lindsey & Jennings, Little Rock, Ark. and Eugene G. Partain and W. Gordon Hamlin, Jr., Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., for defendant, Hercules.

MEMORANDUM AND ORDER

VAN SICKLE, District Judge.

Introduction

Plaintiffs claim the negligent manufacture of chemicals at a plant owned and operated by Hercules and later Vertac injured them. Plaintiffs assert that Vertac was an independent contractor of Dow, which is therefore liable for some of their damages. Plaintiffs assert claims under federal statutes 42 U.S.C. §§ 9601, 9607(a), and 9613(b). Jurisdiction over the subject...

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