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WINTERS v. DIAMOND SHAMROCK CHEMICAL CO.

No. 1:93-CV-0164.

941 F.Supp. 617 (1996)

Margaret WINTERS, Plaintiff, v. DIAMOND SHAMROCK CHEMICAL COMPANY, et al., Defendants.

United States District Court, E.D. Texas, Beaumont Division.

September 25, 1996.

Attorney(s) appearing for the Case

Benton Musslewhite, Houston, TX, William R. Power, Pappas Power & Marcus, Chicago, IL, for Plaintiff.

Steven Brock, Rivkin Radler & Kremer, Uniondale, NY, Morris C. Carrington, Mehaffy & Weber, Beaumont, TX, John C. Sabetta, Lord Day & Lord, New York City, Myron Kalish, Shea & Gould, New York City, William Krohley, Steven P. Caley, Kelley Drye & Warren, New York City, John G. Bissell, Strong Pipkin Nelson & Bissell, Beaumont, TX, Henry G. Miller, Lawrence T. Daloise, Jr., Morton G. Miller, Clark Gagliardi & Miller, White Plains, NY, for Defendant.

MEMORANDUM OPINION

COBB, District Judge.

Before this Court is the Defendants' Motion for Summary Judgment, filed by Diamond Shamrock Chemical Company et al. Plaintiff Margaret Winters claims that the defendants negligently and defectively designed, formulated, tested, manufactured and marketed Agent Orange and that, as a result, her exposure to Agent Orange caused her to develop non-Hodgkin's lymphoma, a form of cancer. For the reasons stated below...

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