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Judge Nixes Class-action Lawsuit Against Dow

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SAGINAW (AP) – A judge in Saginaw says property owners who claim Dow Chemical Co. has spoiled their land cannot sue the company through a class-action lawsuit.

The decision means property owners will have to pursue the company on their own. As many as 2,000 believe they’ve been harmed by dioxin in the Tittabawassee River floodplain.

The Saginaw News says Judge Leopold Borrello on Monday cited a recent U.S. Supreme Court decision that limited class-action lawsuits against corporations. The judge says anyone claiming harm from Dow pollution must undergo “highly individualized factual inquiries.”
Dow attorney Kathleen Lang says the company is pleased with decision.

Dow has acknowledged polluting the Tittabawassee and Saginaw rivers and their floodplains with dioxins for much of the 20th century. Dioxins are chemical byproducts that may cause cancer.

Copyright 2011 by The Associated Press. All Rights Reserved.

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