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BALL v. UNION CARBIDE CORP.

Nos. 02-6289, 02-6311.

376 F.3d 554 (2004)

Fannie BALL, et al. (02-6289); Stephen Heiser, et al. (02-6311), Plaintiffs-Appellants, v. UNION CARBIDE CORP., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 15, 2004.

Attorney(s) appearing for the Case

Edmund L. Carey, Jr. (argued and briefed), George E. Barrett (briefed), Barrett, Johnston & Parsley, Nashville, TN, for Appellants.

Christopher Landau (argued and briefed), Kirkland & Ellis, Washington, DC, John T. Buckingham (argued and briefed), Assistant United States Attorney, Knoxville, TN, Susan E. Kearns (briefed), Kevin T. Van Wart (briefed), Kirkland & Ellis, Chicago, IL, E.H. Rayson, Thomas M. Hale (briefed), Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville, TN, for Appellees.

Before GUY and GILMAN, Circuit Judges; BARZILAY, Judge.

BARZILAY, Judge.

This is a consolidated case. The Heiser Plaintiffs are individuals who live or have lived in or near Oak Ridge, Tennessee, and who allegedly have cancer or have an increased risk of acquiring cancer or other diseases. The Ball Plaintiffs are African-Americans who live or have lived in a community known as Scarboro in Oak Ridge. Plaintiffs claim that they have been harmed through exposure to radioactive and other toxic substances over...

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