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DEVANE v. ARCH WOOD PROTECTION, INC.

Court of Appeals Case No. 22A-CT-233.

197 N.E.3d 343 (2022)

Gene DEVANE and Gladys DeVane, Husband and Wife, Appellants-Plaintiffs, v. ARCH WOOD PROTECTION, INC., a Lonza Company, Osmose, Inc., n/k/a Koppers Performance Chemicals Inc., Chemical Specialties, Inc., n/k/a Venator Materials PLC, Appellees-Defendants.

Court of Appeals of Indiana.

Filed October 11, 2022.

Attorney(s) appearing for the Case

Attorneys for Appellants: David W. Stone IV , Stone Law Office & Legal Research, Anderson, Indiana, David S. McCrea , David S. McCrea LLC, Bloomington, Indiana.

Attorneys for Appellees, Arch Wood Protection, Inc. and Koppers, Performance Chemicals, Inc.: Lonnie D. Johnson , Benjamin A. Katchur , Clendening Johnson & Bohrer, P.C., Bloomington, Indiana.

Attorneys for Appellee, Chemical Specialties, Inc.: Jenny R. Buchheit , Ice Miller LLP, Indianapolis, Indiana, Katherine D. Althoff , Allyson E. Emley , McCarter & English, LLP, Carmel, Indiana.

Case Summary

[1] Gene and Gladys DeVane own a home built in 1991 with decks constructed of wood treated with arsenic to protect it from termites and other pests. In 2020, they sued for "equitable remediation" against three companies that had manufactured arsenic for use in treated...

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