COLLINS v. E.I. DUPONT DE NEMOURS & CO.

No. 93-5756.

34 F.3d 172 (1994)

John COLLINS; Shirley Collins, his wife; John Wojenski; Robert Austin; Juanita Austin, his wife; John Carew; Ferdinand Pena; Regina Pena, his wife; Louis Madarasz; Ben Davis; Berline Davis, his wife; Charles Staten; Mary Staten, his wife; Rudy Troupe; Bernice Troupe, his wife; Wilfredo Rodriguez; Charlie Dewitt; Julia Dewitt, his wife; Luis Basadre; Ray Bunn; Joyce Bunn, his wife; Cal Fayard; Rochelle Fayard, his wife; Zdzislaw Kowalski; Jadwiga Kowalski, his wife; Arthur Bell; Pat Reilly; Mary Reilly, his wife; Emilio Rodriguez; Elias Tzemos; Stavroula Tzemos, his wife; Carlos Barquin; Mirella Barquin, his wife; Curtis Brown, Jr.; Ralph Morrello; Christine Morrello, his wife; Reginald Cain; Moses Laval; Olivia Laval, his wife; Edward Golda; Juan Jaume; Carmen Jaume, his wife; Francesco Bozzi; Laura Bozzi, his wife; Michael Sabat; Ilene Sabat, his wife; Andre Pierre; Edward Morris; Virginia Jean Morris, his wife; James John Bradley; Catherine Bradley, his wife; Mario Santos; Octavia Santos, his wife; James Zicaro; Jayne Ellen Zicaro, his wife; Fred Savage; Alice Savage, his wife; Luis Zamora; Juanita Zamora, his wife; Davis Thomas; Marion Thomas, his wife; Clement Marra; Catherine Marra, his wife; Joseph McLaughlin; Genevieve V. McLaughlin, his wife; James Benson; Jeanette Benson, his wife; Albert Bravo; Tommye Jean Bravo, his wife; Isaac Jeffries; Carolyn Jeffries, his wife; Herman Brown; Audrey Brown, his wife; DeWitt Cannon; Bernice Cannon, his wife; Jose Camacho; Carmen Camacho, his wife; Edward Fields; Mary Fields, his wife; Sam Edmonds; Doris Edmonds, his wife; Louis Curcio; Angela Curcio, his wife; Paul Poole; Kazimierz Nitkowski; Nicea M. Nitkowski, his wife, Appellants, v. E.I. DUPONT DE NEMOURS & COMPANY, a corporation of the State of Delaware, Appellee.

United States Court of Appeals, Third Circuit.

Decided September 8, 1994.

Rehearing and Rehearing Denied October 14, 1994.


Attorney(s) appearing for the Case

Marc J. Gordon, (Argued), Margolis & Gordon, Springfield, NJ, for appellants.

Rosemary J. Bruno, (Argued), Margaret R. Bennett, Carpenter, Bennett & Morrissey, Newark, NJ, for appellee.

Before: BECKER, HUTCHINSON, Circuit Judges and PADOVA, District Judge.


Rehearing and Rehearing In Banc Denied October 14, 1994.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal is from an order of the district court dismissing with prejudice under Federal Rule of Civil Procedure 12(b)(6), the products liability personal injury complaint of plaintiffs, some forty-nine former employees of Engelhard Corporation's manufacturing plant in Newark, New Jersey. Plaintiffs' complaint alleges that between 1971 and 1982...

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