Emhart Industries, et al v. CNA Holdings LLC, et al
Defendant: NEW ENGLAND CONTAINER COMPANY INC, ROBERT M. GATES, in his Official Capacity as Secretary of the United States Department of Defense, MICHAEL B. DONLEY, in his Official Capacity as Secretary of the United States Department of the Air Force, RAYMOND E. MABUS, JR., in his Official Capacity as Secretary of the United States Department of the Navy, LEON E. PANETTA, in his Official Capacity as Secretary of the United State Department of Defense, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA and PROVIDENCE WASHINGTON INSURANCE COMPANY, INC.
3Rd Party Defendant: ROHM & HAAS COMPANY, UNILEVER, BNS LLC, DURO TEXTILES LLC, EXXON MOBIL OIL CORPORATION, BAYER CORPORATION, ORGANIC DYESTUFFS CORP, EASTERN RESINS CORP, BLACK & DECKER, INC., INGREDION INC, BASF CORPORATION, OLIN CORPORATION, CONOCOPHILLIPS, HENKEL CORPORATION, INDUSOL INC, PHIBRO ANIMAL HEALTH CORP, BNS COMPANY, f/k/a Browne & Sharpe Manufacturing Co, UNION OIL COMPANY OF CALIFORNIA, LANXESS SYBRON CHEMICALS INC, CNA HOLDINGS LLC, f/k/a CNA Holdings Inc, A. HARRISON & CO., INC., EASTERN COLOR & CHEMICAL CO, UNIVAR USA, INC., TEKNOR APEX COMPANY, ORIGINAL BRADFORD SOAP WORKS, INC., IVAX LLC, AKZO NOBEL NV, ELI LILLY AND COMPANY, SEQUA CORPORATION, CRANSTON PRINT WORKS COMPANY, UNOCAL CORPORATION, HEXAGON METROLOGY INC, UNILEVER UNITED STATES, INC., CAL CHEMICAL CORP, BNS LLC, f/k/a BNS Company, f/k/a Browne & Sharpe Manufacturing Co, EASTERN COLOR & CHEMICAL COMPANY, ORGANIC DYESTUFFS CORPORATION, EASTERN RESINS CORPORATION, PHIBRO ANIMAL HEALTH CORPORATION, TANNER INDUSTRIES, CNA HOLDINGS LLC, f/k/a CNA Holdings, Inc., A. HARRISON & COMPANY, INC., WOBURN STEEL DRUM INC, NORTHEAST PRODUCTS CO and EXXONMOBIL OIL CORPORATION
Plaintiff / Appellee: EMHART INDUSTRIES, INC. and STATE OF RHODE ISLAND, by and through the Rhode Island Department of Environmental Management
Defendant / Appellee: US NAVY, US DEPARTMENT OF DEFENSE, UNITED STATES, US AIR FORCE, MARK T. ESPER, in his Official Capacity as Acting Secretary of the United States Department of Defense, RICHARD V. SPENCER, in his Official Capacity as Secretary of the United States Department of the Navy, MATTHEW P. DONOVAN, in his Official Capacity as Acting Secretary of the United States Department of the Air Force, BARBARA M. BARRETT, in his Official Capacity as Acting Secretary of the United States Department of the Air Force, JOHN P. ROTH, in his Official Capacity as Acting Secretary of the United States Department of the Air Force, THOMAS B. MODLY, in his official capacity as Acting Secretary of the United States Department of the Navy, KENNETH J. BRAITHWAITE, in his official capacity as Acting Secretary of the United States Department of the Navy, THOMAS W. HARKER, in his official capacity as Acting Secretary of the United States Department of the Navy, CHRISPHER C. MILLER, in his Official Capacity as Acting Secretary of the United States Department of Defense and LLOYD J. AUSTIN, III, in his Official Capacity as Acting Secretary of the United States Department of Defense
Interested Party: DOW INC., f/k/a Dow Chemical Company, RHODES TECHNOLOGIES INC and WIN NOREN
Case Number: 19-1563
Filed: June 12, 2019
Court: U.S. Court of Appeals, First Circuit
Nature of Suit: Environmental Matters

Opinions

We have the following opinions for this case:

Date Filed Description
February 17, 2021 Summary Emhart Industries, Inc. v. CNA Holdings LLC

Docket Report

This docket was last retrieved on April 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2021 Opinion or Order MANDATE issued. [19-1563] (GB) [Entered: 04/12/2021 06:32 AM]
February 17, 2021 Opinion or Order JUDGMENT entered. Affirmed . [19-1563] (GB) [Entered: 02/17/2021 03:36 PM]
February 17, 2021 Opinion or Order OPINION issued by David J. Barron, Appellate Judge** and Patti B. Saris,*** U.S. District Judge. Published. **Judge Torruella heard oral argument in this matter and participated in the semble, but he did not participate in the issuance of the panel's opinion in this case. The remaining two panelists therefore issued the opinion pursuant to 28 U.S.C. 46(d). *** Of the District of Massachusetts, sitting by designation. [19-1563] (GB) [Entered: 02/17/2021 03:26 PM]
February 4, 2021 Opinion or Order Public docket note: John P. Roth and Thomas W. Harker were named Acting Secretaries of the United States Department of the Air Force and United States Department of the Navy as of January 20, 2021. Lloyd J. Austin, III was sworn in as Secretary of the United States Department of Defense on January 22, 2021. We have substituted them as the appellees. See Fed. R. App. P. 43(c)(2). [19-1563] (GB) [Entered: 02/04/2021 07:55 PM]
October 8, 2020 Opinion or Order CASE argued. Panel: Juan R. Torruella, Appellate Judge; David J. Barron, Appellate Judge and Patti B. Saris, U.S. District Judge. Arguing attorneys: Bryan M. Killian for CNA Holdings LLC, Joseph Hovermill for Emhart Industries, Inc. and Black & Decker, Inc. and Joan M. Pepin for US, US Air Force, US Navy, US Department of Defense, Matthew P. Donovan, Mark T. Esper and Thomas B. Modly. [19-1563] (DJT) [Entered: 10/08/2020 01:54 PM]
September 1, 2020 Opinion or Order DESIGNATION of attorney presenting oral argument filed by Attorney Susan B. Forcier for Appellee State of Rhode Island. Certificate of service dated 09/01/2020. [19-1563] (SBF) [Entered: 09/01/2020 09:47 AM]
August 31, 2020 Opinion or Order APPENDIX tendered by Appellants CNA Holdings LLC, ExxonMobil Oil Corporation and Union Oil Company of California. Certificate of service dated 10/21/2019. [19-1563] (BMK) [Entered: 08/31/2020 09:47 AM]
August 31, 2020 Opinion or Order DESIGNATION of attorney presenting oral argument filed by Attorney Joseph Hovermill for Appellees Black & Decker, Inc. and Emhart Industries, Inc.. Certificate of service dated 08/31/2020. [19-1563] (JH) [Entered: 08/31/2020 10:13 AM]
August 31, 2020 Opinion or Order APPENDIX filed by Appellants CNA Holdings LLC, ExxonMobil Oil Corporation and Union Oil Company of California. [19-1563] (LIM) [Entered: 08/31/2020 10:39 AM]
August 28, 2020 Opinion or Order DESIGNATION of attorney presenting oral argument filed by Attorney Joan M. Pepin for Appellees Matthew P. Donovan, Mark T. Esper, Thomas B. Modly, US, US Air Force, US Department of Defense and US Navy. Certificate of service dated 08/28/2020. [19-1563] (JMP) [Entered: 08/28/2020 01:52 PM]
August 27, 2020 Opinion or Order DESIGNATION of attorney presenting oral argument filed by Attorney Bryan M. Killian for Appellant CNA Holdings LLC. Certificate of service dated 08/27/2020. [19-1563] (BMK) [Entered: 08/27/2020 10:40 AM]
August 26, 2020 Opinion or Order CASE calendared: Consistent with public health guidance and ongoing efforts to mitigate the risk of community transmission of COVID-19, the court will conduct oral argument remotely in this case on Thursday, October 8, 2020 at 9:30 a.m., in lieu of in-person appearance. There will be no continuance except for grave cause. Designation form due 09/02/2020. [19-1563] (DJT) [Entered: 08/26/2020 11:22 AM]
August 26, 2020 Opinion or Order ORDER entered: Inasmuch as this case has been calendared for the Court's October sitting, the parties are hereby ordered to refile electronically any previously filed appendix, or supplemental appendix, filed in paper before the Court's April 20, 2020 order requiring appendices to be filed electronically and in paper. The parties' electronically filed appendices are due by September 2, 2020 . [19-1563] (MNH) [Entered: 08/26/2020 03:17 PM]
March 2, 2020 Opinion or Order NINE (9) paper copies of reply brief [ # 6320013-2 ] submitted by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. [19-1563] (ATC) [Entered: 03/02/2020 04:36 PM]
February 26, 2020 Opinion or Order Public docket note: Thomas B. Modly was sworn in as Acting Secretary of the United States Department of the Navy on November 24, 2019. We have substituted him for Richard V. Spencer, as the appellee. See Fed. R. App. P. 43(c)(2). [19-1563] (GB) [Entered: 02/26/2020 08:09 AM]
February 26, 2020 Opinion or Order REPLY BRIEF filed by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. Certificate of service dated 02/24/2020. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 03/04/2020 . [19-1563] (LIM) [Entered: 02/26/2020 10:43 AM]
February 24, 2020 Opinion or Order BRIEF tendered by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. [19-1563] (BMK) [Entered: 02/24/2020 01:23 PM]
January 23, 2020 Opinion or Order NINE (9) paper copies of appellee/respondent brief [ # 6311134-2 ] submitted by Appellees Matthew P. Donovan, Mark T. Esper, Richard V. Spencer, State of Rhode Island, US Air Force, US Department of Defense, US Navy and US. [19-1563] (JMK) [Entered: 01/23/2020 10:56 AM]
January 22, 2020 Opinion or Order ORDER granting motion to extend time to file reply brief filed by Appellants Exxon Mobil Oil Corporation, Union Oil Company of California and CNA Holdings LLC. Reply brief due 02/24/2020 for appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. [19-1563] (GB) [Entered: 01/22/2020 04:09 PM]
January 21, 2020 Opinion or Order APPELLEES' BRIEF filed by Appellees Matthew P. Donovan, Mark T. Esper, Richard V. Spencer, State of Rhode Island, US Air Force, US Department of Defense, US Navy and US. Certificate of service dated 01/13/2020. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 01/28/2020 . Reply brief due 02/03/2020 for APPELLANTS CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. [19-1563] (LIM) [Entered: 01/21/2020 03:03 PM]
January 21, 2020 Opinion or Order RENEWED MOTION to extend time to file reply brief filed by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. Certificate of service dated 01/21/2020. [19-1563] (DAH) [Entered: 01/21/2020 04:17 PM]
January 17, 2020 Opinion or Order ORDER entered: Appellants' motion is denied without prejudice to renewal once petitioner's brief is accepted for filing. [19-1563] (GB) [Entered: 01/17/2020 02:59 PM]
January 17, 2020 Opinion or Order NINE (9) paper copies of appellee/respondent brief [ # 6310271-2 ] submitted by Appellees Black & Decker, Inc. and Emhart Industries, Inc.[19-1563] (JMK) [Entered: 01/21/2020 08:52 AM]
January 16, 2020 Opinion or Order MOTION to extend time to file reply brief filed by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. Certificate of service dated 01/16/2019. [19-1563] (DAH) [Entered: 01/16/2020 09:59 PM]
January 15, 2020 Opinion or Order APPELLEES' BRIEF filed by Appellees Black & Decker, Inc. and Emhart Industries, Inc. Certificate of service dated 01/13/2020. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 01/22/2020 . [19-1563] (DK) [Entered: 01/15/2020 05:22 PM]
January 15, 2020 Opinion or Order DISCLOSURE statement filed by Appellees Black & Decker, Inc. and Emhart Industries, Inc. Certificate of service dated 01/13/2020. [19-1563] (DK) [Entered: 01/15/2020 05:24 PM]
January 13, 2020 Opinion or Order BRIEF tendered by Appellees US, US Department of Defense, US Air Force, US Navy, Mark T. Esper, Matthew P. Donovan, Richard V. Spencer and State of Rhode Island. [19-1563] (JMP) [Entered: 01/13/2020 04:32 PM]
January 13, 2020 Opinion or Order BRIEF tendered by Appellees Black & Decker, Inc. and Emhart Industries, Inc.. [19-1563] (JLB) [Entered: 01/13/2020 07:11 PM]
January 9, 2020 Opinion or Order NOTICE of appearance on behalf of Appellees Black & Decker, Inc. and Emhart Industries, Inc. filed by Attorney Christopher A. Duggan. Certificate of service dated 01/09/2020. [19-1563] (CAD) [Entered: 01/09/2020 12:30 PM]
January 9, 2020 Opinion or Order NOTICE of appearance on behalf of Appellees Black & Decker, Inc. and Emhart Industries, Inc. filed by Attorney H. Reed Witherby. Certificate of service dated 01/09/2020. [19-1563] (HRW) [Entered: 01/09/2020 01:05 PM]
November 15, 2019 Opinion or Order ORDER granting motion to extend time to file brief filed by Appellees United States, Emhart Industries, Inc., US Air Force, US Navy, US Department of Defense, State of Rhode Island, Richard V. Spencer, Black & Decker, Inc., Matthew P. Donovan and Mark T. Esper. Brief due 01/13/2020 for appellees Black & Decker, Inc., Matthew P. Donovan, Emhart Industries, Inc., Mark T. Esper, Richard V. Spencer, State of Rhode Island, US Air Force, US Department of Defense, US Navy and United States. [19-1563] (GB) [Entered: 11/15/2019 03:58 PM]
November 15, 2019 Opinion or Order ASSENTED TO MOTION to extend time to file brief filed by Appellees US, US Department of Defense, US Navy, US Air Force, Mark T. Esper, Richard V. Spencer, Matthew P. Donovan, Emhart Industries, Inc., Black & Decker, Inc. and State of Rhode Island. Certificate of service dated 11/15/2019. [19-1563] (JMP) [Entered: 11/15/2019 03:27 PM]
November 4, 2019 Opinion or Order NINE (9) paper copies of appellant/petitioner brief [ # 6294112-2 ] submitted by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. [19-1563] (AMM) [Entered: 11/04/2019 10:38 AM]
October 31, 2019 Opinion or Order APPELLANTS' BRIEF filed by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. Certificate of service dated 10/30/2019. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 11/07/2019 . Brief due 11/29/2019 for APPELLEE Black & Decker, Inc., Matthew P. Donovan, Emhart Industries, Inc., Mark T. Esper, Richard V. Spencer, State of Rhode Island, US Air Force, US Department of Defense, US Navy and United States. [19-1563] (AMM) [Entered: 10/31/2019 03:36 PM]
October 31, 2019 Opinion or Order CORPORATE disclosure statement filed by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. Certificate of service dated 10/30/2019. [19-1563] (AMM) [Entered: 10/31/2019 03:38 PM]
October 30, 2019 Opinion or Order BRIEF tendered by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. [19-1563] (BMK) [Entered: 10/30/2019 03:33 PM]
October 30, 2019 Opinion or Order ORDER entered: The brief filed by appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California on October 21, 2019 is not in compliance. Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California are ordered to file a conforming brief by November 6, 2019 . The corrected brief must be served on all parties to the appeal, and the certificate of service must be updated to include the new date of service. The due date for appellee's brief shall run from service of the corrected brief, in accordance with Fed. R. App. P. 31. [19-1563] (GB) [Entered: 10/30/2019 11:06 AM]
October 22, 2019 Opinion or Order APPENDIX filed by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. Number of volumes: 2. Number of copies: 5. Certificate of service dated 10/21/2019. [19-1563] (LIM) [Entered: 10/22/2019 02:06 PM]
October 21, 2019 Opinion or Order BRIEF tendered by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. [19-1563] (BMK) [Entered: 10/21/2019 03:19 PM]
September 24, 2019 Opinion or Order Mail returned as undeliverable to Attorney Michael Hamilton for Not Party Providence Washington Insurance Company, Inc.. Copy of Notice issued September 10, 2019. [19-1563] (ZN) [Entered: 09/24/2019 12:54 PM]
September 10, 2019 Opinion or Order NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Megan E. Baroni for New England Container Company Inc, Unilever United States, Inc. and Phibro Animal Health Corporation, Michael Hamilton for Providence Washington Insurance Company, Inc., Louis H. Kozloff for Providence Washington Insurance Company, Inc., Paul V. Majkowski for Dow Inc., Christopher J. O'Connor for Eastern Resins Corporation, John C. Raffetto for Rohm & Haas Company, James P. Ray for New England Container Company Inc, Unilever United States, Inc. and Phibro Animal Health Corporation and Ruth H. Silman for Cal Chemical Corp. [19-1563] (GB) [Entered: 09/10/2019 07:51 AM]
September 9, 2019 Opinion or Order Mail returned as undeliverable to Attorney Michael Hamilton for Not Party Providence Washington Insurance Company, Inc.. Copy of Notice issued August 26, 2019. Forwarding address unknown. [19-1563] (ZN) [Entered: 09/12/2019 12:16 PM]
September 9, 2019 Opinion or Order BRIEFING schedule set. Brief and Appendix due 10/21/2019 for appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [19-1563] (GB) [Entered: 09/09/2019 01:48 PM]
August 26, 2019 Opinion or Order NOTICE issued. After 09/09/2019, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Megan E. Baroni for New England Container Company Inc, Unilever United States, Inc. and Phibro Animal Health Corporation, Michael Hamilton for Providence Washington Insurance Company, Inc., Louis H. Kozloff for Providence Washington Insurance Company, Inc., Paul V. Majkowski for Dow Inc., Christopher J. O'Connor for Eastern Resins Corporation, John C. Raffetto for Rohm & Haas Company, James P. Ray for New England Container Company Inc, Unilever United States, Inc. and Phibro Animal Health Corporation and Ruth H. Silman for Cal Chemical Corp. [19-1563] (GB) [Entered: 08/26/2019 08:48 AM]
August 5, 2019 NOTICE of appearance on behalf of Appellees US, US Department of Defense, US Air Force, US Navy, Mark T. Esper, Matthew P. Donovan and Richard V. Spencer filed by Attorney Joan M. Pepin. Certificate of service dated 08/05/2019. [19-1563] (JMP) [Entered: 08/05/2019 03:02 PM]
July 26, 2019 NOTICE allowing request for removal from service list. The following attorney has been removed from the service list for this case: Nicole M. Matteo for ConocoPhillips. [19-1563] (GB) [Entered: 07/26/2019 11:22 AM]
July 26, 2019 NOTICE allowing request for removal from service list. The following attorney has been removed from the service list for this case: Brooks R. Magratten for ConocoPhillips. [19-1563] (GB) [Entered: 07/26/2019 11:28 AM]
July 25, 2019 REQUEST for removal from the service list filed by Attorney Nicole M. Matteo for Not Party ConocoPhillips. Certificate of service was not included. [19-1563] (GB) [Entered: 07/26/2019 11:20 AM]
July 25, 2019 REQUEST for removal from the service list filed by Attorney Brooks R. Magratten for Not Party ConocoPhillips. Certificate of service was not included. [19-1563] (GB) [Entered: 07/26/2019 11:27 AM]
July 23, 2019 NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Conrad Bolston for CNA Holdings LLC, David B. Graham for CNA Holdings LLC, Richard T. Hughes for Union Oil Company of California, Holly Drumheller Butler for Emhart Industries, Inc. and Black & Decker, Inc., Myles E. Flint for US, Jonathan J. Huber for Emhart Industries, Inc. and Black & Decker, Inc., Amanda Neidert Kesler for Emhart Industries, Inc. and Black & Decker, Inc., Stephen P. Cooney for Ingredion Inc, Michael P. Donegan for Organic Dyestuffs Corp, Timothy I. Duffy for Bayer Corporation and Lanxess Sybron Chemicals Inc, Lauren Fenton-Valdivia for BASF Corporation, Joseph Fiteni for Bayer Corporation and Lanxess Sybron Chemicals Inc, Michael T. Hensley for BASF Corporation, Bret W. Jedele for Teknor Apex Company, James A. Kosch for Sequa Corporation, Nicole M. Matteo for ConocoPhillips, Keith P. McManus for BASF Corporation, Heide S. Minuskin for Bayer Corporation and Lanxess Sybron Chemicals Inc, Dalton R. Mott for ConocoPhillips, Philip J. O'Rourke for Henkel Corporation and Ingredion Inc, Jerry K. Ronecker for Olin Corporation, Todd C. Schebor for Eli Lilly and Company, Justin T. Shay for Hexagon Metrology Inc, Michelle Ulick Rosenthal for Univar USA, Inc. and Joseph E. Wolfson for IVAX LLC. [19-1563] (GB) [Entered: 07/23/2019 12:29 PM]
July 23, 2019 NOTICE allowing request for removal from service list. The following attorney has been removed from the service list for this case: Melissa M. Horne for Ingredion Inc. [19-1563] (GB) [Entered: 07/23/2019 12:19 PM]
July 8, 2019 Mail returned as undeliverable to Attorney Catherine A. Fiske for Appellee US. Copy of Notice issued June 25, 2019. Forwarding address unknown. [19-1563] (ZN) [Entered: 07/12/2019 01:16 PM]
July 3, 2019 NOTICE issued. After 07/17/2019, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: David B. Graham for CNA Holdings LLC, Richard T. Hughes for Union Oil Company of California, Cameron A. Secord for Exxon Mobil Oil Corporation and Union Oil Company of California, Holly Drumheller Butler for Emhart Industries, Inc. and Black & Decker, Inc., John Carl Celeste for Emhart Industries, Inc. and Black & Decker, Inc., Phillip R. Dupre for US, US Air Force, US Navy, US Department of Defense and Robert M. Gates, Raymond E. Mabus, Jr., Leon E. Panetta and Michael B. Donley, Catherine A. Fiske for US, Myles E. Flint for US, Marla J. Gillman for US, US Air Force, US Navy, US Department of Defense and Robert M. Gates, Raymond E. Mabus, Jr., Leon E. Panetta and Michael B. Donley, Danica Anderson Glaser for US, Richard S. Greene, IV for US, Natalie G. Harrison for US, Jonathan J. Huber for Emhart Industries, Inc. and Black & Decker, Inc., William D. Johnson for US, US Air Force, US Navy, US Department of Defense and Robert M. Gates, Raymond E. Mabus, Jr., Leon E. Panetta and Michael B. Donley, Joshua M. Levin for US, US Air Force, US Navy, US Department of Defense and Robert M. Gates, Raymond E. Mabus, Jr., Leon E. Panetta and Michael B. Donley, Amanda Neidert Kesler for Emhart Industries, Inc. and Black & Decker, Inc., Laura J. Rowley for US, Michael P. Donegan for Organic Dyestuffs Corp, Timothy I. Duffy for Bayer Corporation and Lanxess Sybron Chemicals Inc, Phillip R. Dupre for Robert M. Gates, Raymond E. Mabus, Jr., Leon E. Panetta and Michael B. Donley, Lauren Fenton-Valdivia for BASF Corporation, Joseph Fiteni for Bayer Corporation and Lanxess Sybron Chemicals Inc, Marla J. Gillman for Robert M. Gates, Raymond E. Mabus, Jr., Leon E. Panetta and Michael B. Donley, Michael T. Hensley for BASF Corporation, Melissa M. Horne for Ingredion Inc, Bret W. Jedele for Teknor Apex Company, William D. Johnson for Robert M. Gates, Raymond E. Mabus, Jr., Leon E. Panetta and Michael B. Donley, James A. Kosch for Sequa Corporation, Joshua M. Levin for Robert M. Gates, Raymond E. Mabus, Jr., Leon E. Panetta and Michael B. Donley, Nicole M. Matteo for ConocoPhillips, Keith P. McManus for BASF Corporation, Heide S. Minuskin for Bayer Corporation and Lanxess Sybron Chemicals Inc, Dalton R. Mott for ConocoPhillips, Philip J. O'Rourke for Henkel Corporation and Ingredion Inc, Jerry K. Ronecker for Olin Corporation, Todd C. Schebor for Eli Lilly and Company, Justin T. Shay for Hexagon Metrology Inc, Michelle Ulick Rosenthal for Univar USA, Inc. and Joseph E. Wolfson for IVAX LLC. [19-1563] (GB) [Entered: 07/03/2019 09:56 AM]
July 3, 2019 Mail returned as undeliverable to Attorney Catherine A. Fiske for Appellee US. Copy of Notice issued June 28, 2019. Forwarding address unknown. [19-1563] (ZN) [Entered: 07/12/2019 01:18 PM]
July 1, 2019 NOTICE of filing the following transcript in district court by Court Reporter Lisa Schwam: 03/19/2019, Motion Hearing. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [19-1563] (GB) [Entered: 07/01/2019 01:55 PM]
July 1, 2019 DOCKETING statement filed by Appellants CNA Holdings LLC, Union Oil Company of California and Exxon Mobil Oil Corporation. Certificate of service dated 07/01/2019. [19-1563] (DKM) [Entered: 07/01/2019 02:25 PM]
July 1, 2019 CORPORATE disclosure statement filed by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. Certificate of service dated 07/01/2019. [19-1563] (GB) [Entered: 07/01/2019 03:55 PM]
July 1, 2019 REQUEST for removal from the service list filed by Attorney Melissa M. Horne for Not Party Ingredion Inc. Certificate of service was not included. [19-1563] (GB) [Entered: 07/23/2019 12:18 PM]
June 28, 2019 NOTICE allowing request for removal from service list. The following attorney has been removed from the service list for this case: Monica R. Nelson for Henkel Corporation. [19-1563] (GB) [Entered: 06/28/2019 08:05 AM]
June 27, 2019 REQUEST for removal from the service list filed by Attorney Monica R. Nelson for Not Party Henkel Corporation. Certificate of service was not included. [19-1563] (GB) [Entered: 06/28/2019 08:04 AM]
June 26, 2019 NOTICE of appearance on behalf of Appellants Exxon Mobil Oil Corporation and Union Oil Company of California filed by Attorney Jennifer V. Caughey. Certificate of service dated 06/26/2019. [19-1563] (JVC) [Entered: 06/26/2019 11:00 AM]
June 26, 2019 NOTICE of appearance on behalf of Appellants Exxon Mobil Oil Corporation and Union Oil Company of California filed by Attorney Lindsey C. Moorhead. Certificate of service dated 06/26/2019. [19-1563] (LCM) [Entered: 06/26/2019 09:44 AM]
June 26, 2019 NOTICE of appearance on behalf of Appellees Black & Decker, Inc. and Emhart Industries, Inc. filed by Attorney Joseph L. Beavers. Certificate of service dated 06/26/2019. [19-1563] (JLB) [Entered: 06/26/2019 04:06 PM]
June 26, 2019 NOTICE of appearance on behalf of Appellants Exxon Mobil Oil Corporation and Union Oil Company of California filed by Attorney Daniel E. Vineyard. Certificate of service dated 06/26/2019. [19-1563] (DEV) [Entered: 06/26/2019 09:52 AM]
June 26, 2019 NOTICE of appearance on behalf of Appellees Black & Decker, Inc. and Emhart Industries, Inc. filed by Attorney Alexander P. Creticos. Certificate of service dated 06/26/2019. [19-1563] (AC) [Entered: 06/26/2019 04:10 PM]
June 26, 2019 NOTICE of appearance on behalf of Appellees Black & Decker, Inc. and Emhart Industries, Inc. filed by Attorney Joseph W. Hovermill. Certificate of service dated 06/26/2019. [19-1563] (JH) [Entered: 06/26/2019 04:09 PM]
June 25, 2019 REQUEST for removal from the service list filed by Attorney James F. Thompson for Not Party ConocoPhillips. Certificate of service was not included. [19-1563] (GB) [Entered: 06/25/2019 02:21 PM]
June 25, 2019 TRANSCRIPT ordered: 03/19/2019, Motion Hearing. Transcript due 08/26/2019 from Court Reporter Lisa Schwam, Court Reporter [19-1563] (GB) [Entered: 06/25/2019 09:19 AM]
June 25, 2019 NOTICE allowing request for removal from service list. The following attorney has been removed from the service list for this case: James F. Thompson for ConocoPhillips. [19-1563] (GB) [Entered: 06/25/2019 02:23 PM]
June 24, 2019 NOTICE of appearance on behalf of Appellant CNA Holdings LLC filed by Attorney Bryan M. Killian. Certificate of service dated 06/24/2019. [19-1563] (BMK) [Entered: 06/24/2019 06:30 PM]
June 24, 2019 NOTICE of appearance on behalf of Appellant CNA Holdings LLC filed by Attorney Duke K. McCall. Certificate of service dated 06/24/2019. [19-1563] (DKM) [Entered: 06/24/2019 06:24 PM]
June 24, 2019 NOTICE of appearance on behalf of Appellant CNA Holdings LLC filed by Attorney Douglas A. Hastings. Certificate of service dated 06/24/2019. [19-1563] (DAH) [Entered: 06/24/2019 06:33 PM]
June 24, 2019 TRANSCRIPT report/order form filed by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California indicating transcripts are being ordered. Certificate of service dated 06/24/2019. [19-1563] CLERK'S NOTE: Party selection was incomplete. Correction made by clerk's office. No further action required. (DKM) [Entered: 06/24/2019 06:38 PM]
June 21, 2019 NOTICE of appearance on behalf of Appellee State of Rhode Island filed by Attorney Susan B. Forcier. Certificate of service dated 06/21/2019. [19-1563] (SBF) [Entered: 06/21/2019 12:17 PM]
June 12, 2019 CIVIL CASE docketed. Notice of appeal (doc. #734) filed by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. Appearance form, Docketing Statement and Transcript Report/Order form due 07/02/2019 . [19-1563] (GB) [Entered: 06/18/2019 03:53 PM]

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Search for this case: Emhart Industries, et al v. CNA Holdings LLC, et al
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3rd party defendant: ROHM & HAAS COMPANY
Represented By: John C. Raffetto
Represented By: Harris K. Weiner
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3rd party defendant: UNILEVER
Represented By: Steven J. Boyajian
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3rd party defendant: BNS LLC
Represented By: Joseph A. Farside Jr.
Represented By: Mark Walker Freel
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3rd party defendant: DURO TEXTILES LLC
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3rd party defendant: EXXON MOBIL OIL CORPORATION
Represented By: Daniel E. Vineyard
Represented By: Lindsey C. Moorhead
Represented By: Jennifer Vosko Caughey
Represented By: Cameron A. Secord
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3rd party defendant: BAYER CORPORATION
Represented By: Ryan Michael Murphy
Represented By: Timothy I. Duffy
Represented By: Heide S. Minuskin
Represented By: Joseph Fiteni
Represented By: Bradford A. De Vore
Represented By: Craig R. Waksler
Represented By: Anthony F. Muri
Represented By: Joseph P. Fiteni
Represented By: Heidi S. Minuskin
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3rd party defendant: ORGANIC DYESTUFFS CORP
Represented By: Michael P. Donegan
Represented By: Giovanni La Terra Bellina
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3rd party defendant: EASTERN RESINS CORP
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3rd party defendant: BLACK & DECKER, INC.
Represented By: Emily J. Migliaccio
Represented By: Jonathan J. Huber
Represented By: Holly Drumheller Butler
Represented By: Joseph Hovermill
Represented By: Rachelle R. Green
Represented By: Joseph Beavers
Represented By: John Carl Celeste
Represented By: Amanda Neidert Kesler
Represented By: Van P. Hilderbrand Jr.
Represented By: Matthew T. Wagman
Represented By: Jeffrey S. Wettengel
Represented By: Alexander Creticos
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3rd party defendant: INGREDION INC
Represented By: Stephen P. Cooney
Represented By: Melissa M. Horne
Represented By: Philip J. O'Rourke
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3rd party defendant: BASF CORPORATION
Represented By: Anthony F. Muri
Represented By: Michael T. Hensley
Represented By: Lauren Fenton-Valdivia
Represented By: Keith P. McManus
Represented By: Bradford A. De Vore
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3rd party defendant: OLIN CORPORATION
Represented By: Kristen M. Whittle
Represented By: Jerry K. Ronecker
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3rd party defendant: CONOCOPHILLIPS
Represented By: Dalton R. Mott
Represented By: James F. Thompson
Represented By: Nicole M. Matteo
Represented By: Brooks R. Magratten
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3rd party defendant: HENKEL CORPORATION
Represented By: Monica R. Nelson
Represented By: Philip J. O'Rourke
Represented By: Berj K. Parseghian
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3rd party defendant: INDUSOL INC
Represented By: David L. Fine
Represented By: David K. McCay
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3rd party defendant: PHIBRO ANIMAL HEALTH CORP
Represented By: Steven J. Boyajian
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3rd party defendant: BNS COMPANY, f/k/a Browne & Sharpe Manufacturing Co
Represented By: Joseph A. Farside Jr.
Represented By: Mark Walker Freel
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3rd party defendant: UNION OIL COMPANY OF CALIFORNIA
Represented By: Daniel E. Vineyard
Represented By: Lindsey C. Moorhead
Represented By: Richard T. Hughes
Represented By: Jennifer Vosko Caughey
Represented By: Cameron A. Secord
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3rd party defendant: LANXESS SYBRON CHEMICALS INC
Represented By: Ryan Michael Murphy
Represented By: Timothy I. Duffy
Represented By: Heide S. Minuskin
Represented By: Joseph Fiteni
Represented By: Craig R. Waksler
Represented By: Joseph P. Fiteni
Represented By: Heidi S. Minuskin
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3rd party defendant: CNA HOLDINGS LLC, f/k/a CNA Holdings Inc
Represented By: Anthony F. Muri
Represented By: Conrad Bolston
Represented By: Duke K. McCall III
Represented By: David B. Graham
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3rd party defendant: A. HARRISON & CO., INC.
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3rd party defendant: EASTERN COLOR & CHEMICAL CO
Represented By: Robin-Lee Main
Represented By: Andrew S. Tugan
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3rd party defendant: UNIVAR USA, INC.
Represented By: Michelle Ulick Rosenthal
Represented By: Leah B. Silverthorn
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3rd party defendant: TEKNOR APEX COMPANY
Represented By: Douglas Jay Emanuel
Represented By: Bret W. Jedele
Represented By: Robert David Fine
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3rd party defendant: ORIGINAL BRADFORD SOAP WORKS, INC.
Represented By: Joseph A. Farside Jr.
Represented By: Mark Walker Freel
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3rd party defendant: IVAX LLC
Represented By: Joseph E. Wolfson
Represented By: Gerald J. Petros
Represented By: Andrew S. Tugan
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3rd party defendant: AKZO NOBEL NV
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3rd party defendant: ELI LILLY AND COMPANY
Represented By: John A. Ferroli
Represented By: Todd C. Schebor
Represented By: Todd D. White
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3rd party defendant: SEQUA CORPORATION
Represented By: James A. Kosch
Represented By: Jeffrey M. Thomen
Represented By: Warren D. Hutchison
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3rd party defendant: CRANSTON PRINT WORKS COMPANY
Represented By: Joseph A. Farside Jr.
Represented By: Mark Walker Freel
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3rd party defendant: UNOCAL CORPORATION
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3rd party defendant: HEXAGON METROLOGY INC
Represented By: Barry J. Trilling
Represented By: Joseph A. Farside Jr.
Represented By: Justin T. Shay
Represented By: Mark Walker Freel
Represented By: Leah L. Miraldi
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3rd party defendant: UNILEVER UNITED STATES, INC.
Represented By: Steven J. Boyajian
Represented By: James P. Ray
Represented By: Megan E. Baroni
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3rd party defendant: CAL CHEMICAL CORP
Represented By: Ruth H. Silman
Represented By: Jeffrey S. Brenner
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3rd party defendant: BNS LLC, f/k/a BNS Company, f/k/a Browne & Sharpe Manufacturing Co
Represented By: Joseph A. Farside Jr.
Represented By: Mark Walker Freel
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3rd party defendant: EASTERN COLOR & CHEMICAL COMPANY
Represented By: Robin-Lee Main
Represented By: Andrew S. Tugan
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3rd party defendant: ORGANIC DYESTUFFS CORPORATION
Represented By: Michael P. Donegan
Represented By: Giovanni La Terra Bellina
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3rd party defendant: EASTERN RESINS CORPORATION
Represented By: Christopher J. O'Connor
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3rd party defendant: PHIBRO ANIMAL HEALTH CORPORATION
Represented By: Steven J. Boyajian
Represented By: James P. Ray
Represented By: Megan E. Baroni
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3rd party defendant: TANNER INDUSTRIES
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3rd party defendant: CNA HOLDINGS LLC, f/k/a CNA Holdings, Inc.
Represented By: Anthony F. Muri
Represented By: Conrad Bolston
Represented By: Duke K. McCall III
Represented By: David B. Graham
Represented By: Bryan M. Killian
Represented By: Douglas Andrew Hastings
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3rd party defendant: A. HARRISON & COMPANY, INC.
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3rd party defendant: WOBURN STEEL DRUM INC
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3rd party defendant: NORTHEAST PRODUCTS CO
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3rd party defendant: EXXONMOBIL OIL CORPORATION
Represented By: Jennifer Vosko Caughey
Represented By: Lindsey C. Moorhead
Represented By: Cameron A. Secord
Represented By: Daniel E. Vineyard
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Defendant: NEW ENGLAND CONTAINER COMPANY INC
Represented By: Rachelle R. Green
Represented By: Steven J. Boyajian
Represented By: James P. Ray
Represented By: John F.X. Peloso Jr.
Represented By: Megan E. Baroni
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Defendant: ROBERT M. GATES, in his Official Capacity as Secretary of the United States Department of Defense
Represented By: Marla J. Gillman
Represented By: Cynthia A. Young
Represented By: Patrick B. Bryan
Represented By: Joshua M. Levin
Represented By: William D. Johnson
Represented By: Phillip R. Dupre
Represented By: Michael P. Iannotti
Represented By: Scott Bauer
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Defendant: MICHAEL B. DONLEY, in his Official Capacity as Secretary of the United States Department of the Air Force
Represented By: Marla J. Gillman
Represented By: Cynthia A. Young
Represented By: Patrick B. Bryan
Represented By: Joshua M. Levin
Represented By: William D. Johnson
Represented By: Phillip R. Dupre
Represented By: Michael P. Iannotti
Represented By: Scott Bauer
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Defendant: RAYMOND E. MABUS, JR., in his Official Capacity as Secretary of the United States Department of the Navy
Represented By: Marla J. Gillman
Represented By: Cynthia A. Young
Represented By: Patrick B. Bryan
Represented By: Joshua M. Levin
Represented By: William D. Johnson
Represented By: Phillip R. Dupre
Represented By: Michael P. Iannotti
Represented By: Scott Bauer
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Defendant: LEON E. PANETTA, in his Official Capacity as Secretary of the United State Department of Defense
Represented By: Marla J. Gillman
Represented By: Cynthia A. Young
Represented By: Joshua M. Levin
Represented By: William D. Johnson
Represented By: Phillip R. Dupre
Represented By: Scott Bauer
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Defendant: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Represented By: R. Kelly Sheridan
Represented By: Robert A. Kole
Represented By: Jason Christopher Preciphs
Represented By: John A. Nadas
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Defendant: PROVIDENCE WASHINGTON INSURANCE COMPANY, INC.
Represented By: Todd D. White
Represented By: Louis H. Kozloff
Represented By: Michael Hamilton
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Plaintiff / appellee: EMHART INDUSTRIES, INC.
Represented By: Emily J. Migliaccio
Represented By: Jonathan J. Huber
Represented By: Holly Drumheller Butler
Represented By: Joseph Hovermill
Represented By: Rachelle R. Green
Represented By: Byron L. McMasters
Represented By: Joseph Beavers
Represented By: John Carl Celeste
Represented By: Amanda Neidert Kesler
Represented By: Van P. Hilderbrand Jr.
Represented By: Matthew T. Wagman
Represented By: Jeffrey S. Wettengel
Represented By: Alexander Creticos
Represented By: Joseph L. Beavers
Represented By: Christopher Anthony Duggan
Represented By: H. Reed Witherby
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Plaintiff / appellee: STATE OF RHODE ISLAND, by and through the Rhode Island Department of Environmental Management
Represented By: Susan B. Forcier
Represented By: Peter F. Neronha
Represented By: Michael L. Casillo
Represented By: Michael Thomas Gray
Represented By: Genifer M. Tarkowski
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Defendant / appellee: US NAVY
Represented By: Marla J. Gillman
Represented By: Cynthia A. Young
Represented By: Patrick B. Bryan
Represented By: Joshua M. Levin
Represented By: William D. Johnson
Represented By: Phillip R. Dupre
Represented By: Michael P. Iannotti
Represented By: Scott Bauer
Represented By: Joan M. Pepin
Represented By: Michael L. Casillo
Represented By: Michael Thomas Gray
Represented By: Genifer M. Tarkowski
Represented By: Lauren S. Zurier
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Defendant / appellee: US DEPARTMENT OF DEFENSE
Represented By: Marla J. Gillman
Represented By: Cynthia A. Young
Represented By: Patrick B. Bryan
Represented By: Joshua M. Levin
Represented By: William D. Johnson
Represented By: Phillip R. Dupre
Represented By: Michael P. Iannotti
Represented By: Scott Bauer
Represented By: Joan M. Pepin
Represented By: Michael L. Casillo
Represented By: Michael Thomas Gray
Represented By: Genifer M. Tarkowski
Represented By: Lauren S. Zurier
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Defendant / appellee: UNITED STATES
Represented By: Marla J. Gillman
Represented By: Cynthia A. Young
Represented By: Laura J. Rowley
Represented By: Natalie G. Harrison
Represented By: Patrick B. Bryan
Represented By: Joshua M. Levin
Represented By: William D. Johnson
Represented By: Jerome W. MacLaughlin
Represented By: Catherine A. Fiske
Represented By: Phillip R. Dupre
Represented By: Myles E. Flint
Represented By: Danica Anderson Glaser
Represented By: Richard S. Greene IV
Represented By: Michael P. Iannotti
Represented By: Sean K. Carman
Represented By: Scott Bauer
Represented By: Richard B. Myrus
Represented By: Joan M. Pepin
Represented By: Michael L. Casillo
Represented By: Michael Thomas Gray
Represented By: Genifer M. Tarkowski
Represented By: Lauren S. Zurier
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Defendant / appellee: US AIR FORCE
Represented By: Marla J. Gillman
Represented By: Cynthia A. Young
Represented By: Patrick B. Bryan
Represented By: Joshua M. Levin
Represented By: William D. Johnson
Represented By: Phillip R. Dupre
Represented By: Michael P. Iannotti
Represented By: Scott Bauer
Represented By: Joan M. Pepin
Represented By: Michael L. Casillo
Represented By: Michael Thomas Gray
Represented By: Genifer M. Tarkowski
Represented By: Lauren S. Zurier
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Defendant / appellee: MARK T. ESPER, in his Official Capacity as Acting Secretary of the United States Department of Defense
Represented By: Cynthia A. Young
Represented By: Phillip R. Dupre
Represented By: Joan M. Pepin
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Defendant / appellee: RICHARD V. SPENCER, in his Official Capacity as Secretary of the United States Department of the Navy
Represented By: Cynthia A. Young
Represented By: Joan M. Pepin
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Defendant / appellee: MATTHEW P. DONOVAN, in his Official Capacity as Acting Secretary of the United States Department of the Air Force
Represented By: Cynthia A. Young
Represented By: Joan M. Pepin
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Defendant / appellee: BARBARA M. BARRETT, in his Official Capacity as Acting Secretary of the United States Department of the Air Force
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Defendant / appellee: JOHN P. ROTH, in his Official Capacity as Acting Secretary of the United States Department of the Air Force
Represented By: Michael L. Casillo
Represented By: Michael Thomas Gray
Represented By: Joan M. Pepin
Represented By: Genifer M. Tarkowski
Represented By: Lauren S. Zurier
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Defendant / appellee: THOMAS B. MODLY, in his official capacity as Acting Secretary of the United States Department of the Navy
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Defendant / appellee: KENNETH J. BRAITHWAITE, in his official capacity as Acting Secretary of the United States Department of the Navy
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Defendant / appellee: THOMAS W. HARKER, in his official capacity as Acting Secretary of the United States Department of the Navy
Represented By: Michael L. Casillo
Represented By: Michael Thomas Gray
Represented By: Joan M. Pepin
Represented By: Genifer M. Tarkowski
Represented By: Lauren S. Zurier
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Defendant / appellee: CHRISPHER C. MILLER, in his Official Capacity as Acting Secretary of the United States Department of Defense
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Defendant / appellee: LLOYD J. AUSTIN, III, in his Official Capacity as Acting Secretary of the United States Department of Defense
Represented By: Michael L. Casillo
Represented By: Phillip R. Dupre
Represented By: Michael Thomas Gray
Represented By: Joan M. Pepin
Represented By: Genifer M. Tarkowski
Represented By: Lauren S. Zurier
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Interested party: DOW INC., f/k/a Dow Chemical Company
Represented By: James T. Murphy
Represented By: Paul V. Majkowski
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Interested party: RHODES TECHNOLOGIES INC
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Interested party: WIN NOREN
Represented By: Win Noren
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