Margaret Winters, now taken from this world by the disease allegedly caused by Agent Orange, worked as a civilian nurse for the United States Agency for International Development (“U.S. The voluminous lawsuits involving Agent Orange, including this one, center around the physical defects and diseases allegedly caused by exposure to this dioxin. The blending production of these two acids can produce varying amounts of 2,3,7,8 Tetrachlorodibenzo-p-dioxin, an extremely toxic substance. Agent Orange is an equally mixed herbicidal blend of 2,4-Dichlorophenoxyacetic Acid (2,4-D) and 2,4,5-Trichlorophenoxyacetic Acid (2,4,5-T). The defendants supplied the American government with Agent Orange between 19. In so doing, we affirm the judgment of the district court dismissing the complaint as barred by the Texas statute of limitations. We hold today that the district court properly denied such a judgment preclusive effect under the collateral estoppel doctrine, that we do indeed have jurisdiction under the Federal Officer Removal Statute, and that we therefore may reach the merits of this appeal.
UNIROYAL CHEMICALS BOB MAZAIKA TRIAL
This particular appeal presents a question regarding the reach of the offensive collateral estoppel doctrine where the issue sought to be precluded from relitigation was decided in a trial court outside this circuit and the foreign court's decision was not subjected to appellate review. This case is part of the Agent Orange saga.
Bisell, Strong, Pipkin, Nelson & Bissell, Beaumont, TX, for Diamond Shamrock Chemical Co. Michael Mackin Gordon, Cadwalader, Wickersham & Taft, New York City, John G. Sheehy, McFall, Sherwood & Sheehy, Houston, TX, for T.H. Lawrence Thomas D'Aloise, Clark, Gagliardi & Miller, White Plains, NY, for Thompson-Hayward Chemical Co. Daloise, Jr., Clark, Gagliardi & Miller, White Plains. Caley, Kelley, Dyre & Warren, New York City, for Hercules, Inc. Kurt David Groten, Phillips & Akeers, Houston, TX, Myron Kalish, Parker, Duryee, Rosoff & Haft, New York City, for Uniroyal, Inc. John Carl Sabetta, Seyfarth, Shaw, Fairweather & Geraldson, New York City, for Monsanto Co. Brock, Rivkin, Radler & Kremer, Uniondale, NY, Morris Clifford Carrington, Mehaffy & Weber, Beaumont, TX, for The Dow Chemical Co. Winters, Chicago, IL, for Plaintiff-Appellant. Decided: August 17, 1998īefore GARWOOD, JOLLY and HIGGINBOTHAM, Circuit Judges.Ĭharles Benton Musslewhite, Houston, TX, John F. Agriculture & Nutrition Company, Inc., Diamond Shamrock Chemical Company, Defendants-Appellees. Thompson-Hayward Chemical Company, also known as Thompson Chemical Corporation T.H. DIAMOND SHAMROCK CHEMICAL COMPANY et al., Defendants, The Dow Chemical Company Monsanto Company Uniroyal, Incorporated Hercules, Inc. Margaret WINTERS, Plaintiff-Appellant, v. United States Court of Appeals,Fifth Circuit.
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