10th Circ. Reverses $1B Ruling Against Dow, Rockwell

Law360, New York (September 7, 2010, 6:49 PM EDT) -- The U.S. Court of Appeals for the Tenth Circuit has reversed a federal court ruling that ordered Dow Chemical Co. and the former Rockwell International Corp. to pay out nearly $1 billion for releasing plutonium particles onto property near the former Rocky Flats Nuclear Weapons Plant in Colorado.

The three-judge panel ruled Friday that more than 12,000 class action plaintiffs who owned property near the now-defunct plant northwest of Denver were not entitled to a payout unless they could prove their property was actually damaged by...
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