Dow asks judge to stop class-action

 Thursday, November 03, 2005 JEREMIAH STETTLER THE SAGINAW NEWS MIDLAND

Dow Chemical Co. wants to put the brakes on a class-action lawsuit that would hold the company liable for dioxin contamination downstream of its Midland plant.

Dow attorneys called on Saginaw County Chief Circuit Judge Leopold P. Borrello this week to stop the lawsuit until after the Michigan Court of Appeals has a chance to review it.

They say the courts cannot possibly treat the case as a class-action lawsuit when differences exist between individual class members and their dioxin levels along the Tittabawassee River. Until that issue is settled, spokesman Scot Wheeler said it makes sense to stop the suit.

"A resolution of the issue will greatly impact the course of these proceedings," he said.

Dow has not yet filed an appeal, but Wheeler said attorneys will do so later this month.

Bruce Trogan, an attorney for residents suing Dow, said he anticipated the request and opposes it. "They want to delay as long as possible," he said.

Attorneys will discuss the issue at 1:30 p.m. Monday in Borrello's courtroom. v
 

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