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WILLIAMS v. DOW CHEMICAL CO.

No. 01 CIV. 4307(RMB).

255 F.Supp.2d 219 (2003)

John WILLIAMS and Tina Williams, individually and as guardians of their minor children, Linda McElver, individually and as guardian of her minor child, Laurie Enger, Nancy Barrera, individually and as guardian of her minor children, Nancy Bostic and Lisa Ferguson, on behalf of themselves and all others similarly situated, Plaintiffs, v. The DOW CHEMICAL COMPANY, Dow Agrosciences, L.L.C. and John Does # 1 Through 100, Defendants.

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

March 21, 2003.

Attorney(s) appearing for the Case

Curtis V. Trinko, Law Offices of Curtis V. Trinko, LLP, Kenneth F. McCallion, Rajan Sharma, McCallion & Associates, LLP, New York City, for John Williams, Tina Williams, Plaintiffs.

Morton Donald Dubin, III, Daniel J. Thomasch, Richard W. Mark, Orrick, Herrington & Sutcliffe LLP, New York City, Dean T. Barnhard, Joseph G. Eaton, Robert D. MacGill, Barnes & Thornburg, Indianapolis, IN, for The Dow Chemical Company, Dow Agrosciences, Defendants.

Dean T. Barnhard, Joseph G. Eaton, Robert D. MacGill, Barnes & Thornburg, Indianapolis, IN, for John Doe 1-100, Defendant.

ORDER

BERMAN, District Judge.

I. Introduction

On or about May 5, 2001, Plaintiffs filed this class action against Defendant Dow Chemical Company ("Dow") alleging, inter alia, that Dow had fraudulently obtained approval from the Environmental Protection Agency ("EPA") for the use and sale of Dursban, a non-agricultural pesticide. On August 27, 2001, Plaintiffs filed an Amended...

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