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2nd Class Cert. Upheld In Contamination Suits V. Dow

Law360 (May 12, 2009, 12:00 AM EDT) -- A Louisiana appeals court has upheld class certification in a suit accusing the Dow Chemical Co. of contaminating an aquifer, despite a challenge by class plaintiffs in a second suit over the same water source, who argued that their earlier certification precluded the approval of a second class.

In a 2-1 decision Friday, the First Circuit Court of Appeal for the State of Louisiana rejected arguments by the Robichaux plaintiffs, who had earlier won certification, that the certification of the second class bringing property damage claims...
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