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GIBSON v. AMERICAN CYANAMID CO.

No. 10-3814.

760 F.3d 600 (2014)

Ernest GIBSON, Plaintiff-Appellant, v. AMERICAN CYANAMID CO., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 24, 2014.

Rehearing En Banc Denied August 21, 2014.

Attorney(s) appearing for the Case

Peter G. Earle , Law Office of Peter Earle, LLC, Milwaukee, WI, Fidelma L. Fitzpatrick , Motley & Rice, Providence, RI, for Plaintiff-Appellant.

Elyse Echtman , Orrick, Herrington & Sutcliffe, Philip H. Curtis , Arnold & Porter, New York, NY, Beth Ermatinger Hanan , Gass Weber Mullins LLC, Paul E. Benson , Michael Best & Friedrich LLP, James T. Murray , Peterson, Johnson & Murray SC, Anthony S. Baish , Godfrey & Kahn S.C. Cheri L. McCourt , Jeffrey K. Spoerk , Quarles & Brady LLP, Milwaukee, WI, Timothy A. Bascom , Bascom, Budish & Ceman, S.C. Wauwatosa, WI, Cortney G. Sylvester , Nilan, Johnson, Lewis PA, Minneapolis, MN, Brian J. Murray , Jones Day, Chicago, IL, for Defendants-Appellees.

Before FLAUM, KANNE, Circuit Judges, and CHANG, District Judge.

CHANG, District Judge.

The plaintiff, Ernest Gibson, filed suit in Wisconsin state court against former manufacturers of white lead carbonate pigments.1 This pigment was used, before the federal government banned it in the 1970s, in paints, including paints applied to residences. Gibson brings negligence and strict liability claims against the pigment manufacturers, but because he cannot identify which manufacturer made the white lead...

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