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No. 92 -1995 v. Southeastern Pennsylvania Transportation Authority

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: October 14, 1994.

NO. 92-1995, IN RE: PAOLI RAILROAD YARD PCB LITIGATION, MABEL BROWN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED
v.
SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ("SEPTA"); NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK"); AND CONSOLIDATED RAIL CORPORATION ("CONRAIL") V. UNITED STATES OF AMERICA; ROY F. WESTON, INC.; AND OH MATERIALS COMPANY; AND GENERAL ELECTRIC COMPANY; AND THE BUDD COMPANY; AND WESTINGHOUSE ELECTRIC CORPORATION; MONSANTO CO., PENN CENTRAL CORPORATION, MABEL BROWN, APPELLANT, (D.C. CIV. NO. 86-02229); NO. 92-1996, IN RE: PAOLI RAILROAD YARD PCB LITIGATION, GEORGE ALBERT BURRELL AND PRISCILLA ETHERIDGE BURRELL, IN THEIR OWN RIGHT, AND GEORGE ALBERT BURRELL AND PRISCILLA ETHERIDGE BURRELL, AS PARENTS AND NATURAL GUARDIAN OF AMBER SHARDAI BURRELL, A MINOR, AND GEORGE ALBERT BURRELL, AS PARENT AND NATURAL GUARDIAN OF ANDRE WALKER, A MINOR, AND PRISCILLA ETHERIDGE BURRELL, AS PARENT AND NATURAL GUARDIAN OF BOBBY GEORGE ALBERT CHRISTIAN BURRELL, A MINOR V. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ("SEPTA"); AND NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK"); AND CONSOLIDATED RAIL CORPORATION ("CONRAIL") V. UNITED STATES OF AMERICA; MONSANTO COMPANY; GENERAL ELECTRIC COMPANY; THE BUDD COMPANY; WESTINGHOUSE ELECTRIC CORPORATION V. PENN CENTRAL CORPORATION, GEORGE BURRELL, PRISCILLA BURRELL, AMBER BURRELL AND MONICA HILTON, APPELLANTS, (D.C. CIV. NO. 86-02235); NO. 92-1997, IN RE: PAOLI RAILROAD YARD PCB LITIGATION, WALLACE DARRYL CUMMINS V. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ("SEPTA"); AND NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK"); AND CONSOLIDATED RAIL CORPORATION, ("CONRAIL") V. UNITED STATES OF AMERICA; AND GENERAL ELECTRIC COMPANY; THE BUDD COMPANY; WESTINGHOUSE ELECTRIC CORPORATION; MONSANTO COMPANY, WALLACE D. CUMMINS, APPELLANT, (D.C. CIV. NO. 86-02669); NO. 92-1999, IN RE: PAOLI RAILROAD YARD PCB LITIGATION, K. LOUISE JONES, ADMINISTRATRIX OF THE ESTATE OF HARVEY N. JONES, JR., DECEASED AND K. LOUISE JONES AS PERSONAL REPRESENTATIVE OF HARVEY N. JONES, JR., AND K. LOUISE JONES IN HER OWN RIGHT V. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ("SEPTA"); NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK"); CONSOLIDATED RAIL CORPORATION, ("CONRAIL") V. UNITED STATES OF AMERICA; CITY OF PHILADELPHIA; MONSANTO COMPANY; GENERAL ELECTRIC COMPANY; THE BUDD COMPANY; AND WESTINGHOUSE ELECTRIC CORPORATION, K. LOUISE JONES AND HARVEY JONES, APPELLANTS, (D.C. CIV. NO. 86-05277); NO. 92-2000, IN RE: PAOLI RAILROAD YARD PCB LITIGATION, JAMES LAMENT, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED V. SEPTA; AMTRAK AND CONRAIL; V. PENN CENTRAL CORPORATION; UNITED STATES OF AMERICA; CITY OF PHILADELPHIA; MONSANTO CO.; GENERAL ELECTRIC CO; BUDD CO., AND WESTINGHOUSE ELECTRIC CORPORATION, JAMES LAMENT, APPELLANT, (D.C. CIV. NO. 86-05886); NO. 92-2010, IN RE: PAOLI RAILROAD YARD PCB LITIGATION, JOHN INGRAM, SR., AND PATRICIA INGRAM, IN THEIR OWN RIGHT AND AS PARENTS AND NATURAL GUARDIANS OF JOHN INGRAM, JR.; AND APRIL INGRAM IN HER OWN RIGHT V. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ("SEPTA"); NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK"); AND CONSOLIDATED RAIL CORPORATION ("CONRAIL"); AND MONSANTO COMPANY ("MONSANTO"); AND GENERAL ELECTRIC COMPANY ("GE"); AND CITY OF PHILADELPHIA ("PHILADELPHIA") V. UNITED STATES OF AMERICA; THE BUDD COMPANY; WESTINGHOUSE ELECTRIC CORPORATION; PENN CENTRAL CORPORATION, JOHN INGRAM, SR. (AND AS REPRESENTATIVE OF DECEDENT, PATRICIA INGRAM), JOHN INGRAM, JR., PATRICIA INGRAM AND APRIL INGRAM ROBINSON-RAY, APPELLANTS, (D.C. CIV. NO. 86-07561); NO. 92-2011, IN RE: PAOLI RAILROAD YARD PCB LITIGATION, MARY ALICE KNIGHT, APPELLANT V. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ("SEPTA"); NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK"); AND CONSOLIDATED RAIL CORPORATION ("CONRAIL"); AND MONSANTO COMPANY ("MONSANTO"); AND GENERAL ELECTRIC COMPANY ("GE"); AND CITY OF PHILADELPHIA ("PHILADELPHIA") V. UNITED STATES OF AMERICA; THE BUDD COMPANY; WESTINGHOUSE ELECTRIC CORPORATION; PENN CENTRAL CORPORATION, (D.C. CIV. NO. 87-00712); NO. 92-2014, IN RE: PAOLI RAILROAD YARD PCB LITIGATION, WILLIAM BUTLER; THERESA BUTLER; MARVIN L. SIMPSON; ALLEN K. SIMPSON; KAREN R. SIMPSON; DONALD E. SIMPSON; AND BRYAN M. JACKSON V. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ("SEPTA"); NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK"); AND CONSOLIDATED RAIL CORPORATION ("CONRAIL") V. UNITED STATES OF AMERICA; CITY OF PHILADELPHIA; MONSANTO COMPANY; GENERAL ELECTRIC COMPANY; THE BUDD COMPANY; WESTINGHOUSE ELECTRIC CORPORATION; PENN CENTRAL CORPORATION, WILLIAM BUTLER, THERESA BUTLER, BRYAN JACKSON, ALLEN SIMPSON, DONALD SIMPSON, KAREN SIMPSON AND MARVIN SIMPSON, APPELLANTS, (D.C. CIV. NO. 87-02874); NO. 92-2016, IN RE: PAOLI RAILROAD YARD PCB LITIGATION, MATTHEW CUNNINGHAM; AND BESSIE CUNNINGHAM, APPELLANTS V. MONSANTO COMPANY; AND SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ("SEPTA"); AND NATIONAL RAILROAD PASSENGER CORPORATION ("AMTRAK"); AND CONSOLIDATED RAIL CORPORATION ("CONRAIL") V. GENERAL ELECTRIC COMPANY; THE BUDD COMPANY; WESTINGHOUSE ELECTRIC CORPORATION; PENN CENTRAL CORPORATION, THIRD-PARTY DEFENDANTS

D.C. Civ. No. 86-02229. D.C. Civ. No. 86-02235. D.C. Civ. No. 86-02669. D.C. Civ. No. 86-05277. D.C. Civ. No. 86-05886. D.C. Civ. No. 86-07561. D.C. Civ. No. 87-00712. D.C. Civ. No. 87-02874 {Judge}{Q}Judges{/Q}{/Judge}

Present: Becker, Roth, and Lewis, Circuit Judges.

Author: Becker

SUR PETITION FOR JUDGES REHEARING

The petition for rehearing filed by Appellants, having been submitted to the Judges who participated in the decision of this court and no Judge who concurred in the decision having asked for rehearing, the petition for panel rehearing is DENIED.

BY THE COURT:

Edward R. Becker

Circuit Judge

DATED: OCT 14 1994

19941014

© 1998 VersusLaw Inc.



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