Stony Brook University Special Collections & Archives

Agent Orange Collection
Manuscript Collection 313

Collection Description:
Records, 1979-1984.
30.8 cubic ft.
Organization: Chronological.
Agent Orange legal briefs, research files, and correspondence regarding the federal suit brought by veterans of the Vietnam Conflict against the federal government, contractors, and chemical manufacturers regarding the health effects of the use of the herbicide, which was used to defoliate large areas of South East Asia.

Introduction
Glossary
Box and Container Listing

Introduction

The Agent Orange Collection was donated by Irving Like, Esq., of the law firm of Reilly, Like and Schneider of Babylon, New York, in 1989. In his letter of June 5, 1989, Mr. Like commented on his donation as follows:

State University at Stony Brook is a preferred repository, because the suit was initiated and carried for several years by a group of Long Island attorneys and many of the judicial proceedings took place in federal court houses on Long Island.

As Chairman of the Law Committee, which worked with class counsel representing the veterans, I can assure you that the documents should be of interest and value to the users of your Library for a number of reasons:

First, the case is viewed by the Courts, the bar and legal scholars as the most complex mass toxic tort class action from both substantive and procedural law standpoints, yet handled by our judicial system. At least 64 major legal briefs were filed. The landmark Court decisions issued during the course of the case went to the frontiers of tort law and many other legal concepts.

Second, the case represents in many ways, the final political and judicial chapter of the Vietnam War. The case was covered like no other by the national and international media, and forcefully dramatized the mistreatment of the Vietnam Veterans by their own government and the war contractors, who supplied the herbicides which defoliated large areas of South Asia.

Third, the case is a classic example of the interplay of politics, economics, law, science, national security and medicine. The records of the case should provide valuable sources of instruction and research for student and professor alike. (Irving Like to Evert Volkersz, June 5, 1989)

Glossary
DJ: Department of Justice
FECA: Federal Employees Compensation Act
FTCA: Federal Tort Claims Act
PSAC: President's Science Advisory Council
TCDD is a chemical compound
VVA: Vietnam Veterans of America
Box List
The numbers in boxes 1 through 19 refer to dockets. The docket sheets, listing the individual cases, follow the box list. The collection has not yet completely inventoried; consequently, some of the dockets may be out of sequence, or may be missing.

Box and Container Listing

The numbers in boxes 1 through 19 refer to dockets. The docket sheets, listing the individual cases, follow the box list. The collection has not yet completely inventoried; consequently, some of the dockets may be out of sequence, or may be missing.

1-49
50-115
116-198
199-300
301-403
404-439; variously and some unnumberd dockets and documents
440-487, 499A
488-530
513, 531-550, 580-594
551-579, 595-610
611-639
639A-650
651-669
670-739
740-815
816-819
820-847, 858-867
868-901
902-956
Legal research, miscellaneous files, briefs, correspondence.
Legal research, miscellaneous files, briefs, correspondence.
Legal research, miscellaneous files, briefs, correspondence.
Legal research, miscellaneous files, briefs, correspondence.
Legal research, miscellaneous files, briefs, correspondence.
Legal research, miscellaneous files, briefs, correspondence.
Legal research, miscellaneous files, briefs, correspondence.
Legal research, miscellaneous files, briefs, correspondence.
Legal research, miscellaneous files, briefs, correspondence.
Folders
- Folder 1:
  - Docket entries.
  - U.S. District Court.
  - E. D. N.Y
- Folder 2: Attorney's fees - Agent Orange
- Folder 3: Attorney's fees - Agent Orange
- In re "Agent Orange" Product Liability Litigation. Memorandum and Order on Distribution on Remand. MDL (JBW). Weinstein, J. July 8, 1988
- In re "Agent Orange" Product Liability Litigation. MDL No. 381. Report of the Special Master pertaining to the Disposition of the Settlement Fund. Kenneth R. Feinberg, Special Master. February 27, 1985.
Legal research, miscellaneous files, briefs, correspondence.
Docket List - Memorandums
- M-1 Overall Strategy. May 29, 1979
- M-2 Propriety of Class Action. June 14, 1979
- M-3 Defenses (Deference Techniques) Defendant May Raise to Defeat Lawsuit. June 18, 1979
- M-4 Common Law Liability for Pesticide United Statese. June 20, 1979
- M-5 Diversity. June 16, 1979
- M-6 Disparate State Common Law on Products Liability. July 5, 1979
- M-7 Statute of Limitations. July 20, 1979
- M-8 Scope of Discover. December 4, 1979
- M-9 Admissibility of Marine Questionnaire. December 13, 1979
- M-10 Affirmative Defenses - I. December 16, 1979
- M-11 Hearing on Class Certification. December 16, 1979
- M-12 Bifurcated product liability trial. December 18, 1979
- M-13 Causation. December 18, 1979
- M-14 Standards of Proof of Causation - I. December 20, 1979
- M-15 Affirmative Defenses - II. December 21, 1979
- M-16 Hearing of December 21, 1979. December 21, 1979
- M-17 Admissibility in evidence of Marine Questionnaire Part 2. December 23, 1979
- M-18 Decertification; subclasses. December 24, 1979
- M-19 Res Judicata & Collateral Estoppel; decertification. December 26, 1979
- M-20 Actions against United States as party Defendant, sovereign immunity, 28 USC 1346 Waiver, Federal Tort Claims Act, 28 USC 2671. December 29, 1979
- M-21 Asbestos Litigation - I. January 2, 1980
- M-22 Asbestos Litigation - II. January 2, 1980
- M-23 Special Masters. January 2, 1980
- M-24 Standards of Causation - II. January 2, 1980
- M-25 Defense of compliance with government specs. January 2, 1980
- M-26 Indemnity against United States.January 4, 1980
- M-27 Agent Orange veterans claims against United States. United States claims against Dow. January 18, 1980
- M-28 Solicitation. January 23, 1980
- M-29 Permissible communications (class actions). January 23, 1980
- M-30 Possibility of an Implied Private Cause of Action after Transamerica v. Lewis. January 28, 1980
- M-31 Conduct of class action; settlement procedures. January 30, 1980
- M-32 Additional bases for subject matter jurisdiction. January 31, 1980
- M-33 Need for uniform rule of decision as to rights, remedies or defenses in product liability cases. February 2, 1980
- M-34 Enlarging record on appeal. February 4, 1980
- M-35 Sovereign immunity. February 5, 1980
- M-36 Does Defendants' Plea that the Defense Production Act bars plaintiffs' claims provide independent grounds for sustaining Judge Pratt's decision. February 5, 1980
- M-37 Research Assignments. February 5, 1980
- M-38 Comparative Survey State Law on Product Liability. February 6, 1980
- M-39 Gag order letter of June 25, 1979. June 25, 1979
- M-40 Class Certification letter. October 10, 1979
- M-41 Research assignment letter to Ruddock. December 13, 1979
- M-42 Memorandum from Ruddock re Disparate State Common law in products liability law; indemnity against United States. February 14, 1980.
- M-43 Federal interest (jurisdictional issue; brief). February 17, 1980
- M-44 Federal Common Law Class Actions. February 18, 1980
- M-45 Sovereign Immunity; Federal Tort Claims Act Recovery. February 18, 1980
- M-46 Strategy vis a vis United States. February 18, 1980
- M-47 Federal Relationship (United States with members armed forces and suppliers of ordinance). February 18, 1980
- M-48 United States waiver of sovereign immunity. February 19, 1980
- M-49 Research memorandum assigned to Ruddock. February 20, 1980
- M-50 Feres doctrine as additional basis of subject matter jurisdiction. February 20, 1980
- M-51 Appellate brief on jurisdictional issues. February 20, 1980
- M-52 Sovereign immunity. February 20, 1980
- M-53 Jurisdictional requirements for plaintiffs claim against impleaded third party defendant. February 22, 1980
- M-54 Public contracts, 41 USC S.1, et al. February 22, 1980
- M-55 Alienage jurisdiction. February 25, 1980
- M-56 Waiver of sovereign immunity. February 27, 1980
- M-57 Jurisdiction of alien's action for tort. February 22, 1980
- M-58 Federal common law - contracts with the United States. February 22, 1980
- M-59 Third party beneficiary suits under federal common law. February 23, 1980
- M-60 Statute of limitations Federal Tort Claims Act. February 22, 1980
- M-61 Right of infant child of Agent Orange veterans to sue United States under Federal Tort Claims Act. February 22, 1980
- M-62 Memorandum from Russo re Admissibility of Expert Testimony. January 29, 1980
- M-63 Memorandum from Ruddock re legislative history of Veterans Health Program Extension and Improvement Act of 1979. February 27, 1980
- M-64 Memorandum to Ruddock re acquiring compendium. March 3, 1980
- M-65 Memorandum to Ruddock re research. February 27, 1980
- M-66 Memorandum from Ruddock re differing state procedural class action rules. February 24, 1980
- M-67 Memorandum re Federal Interests, 50 USC War & National Defense, Welfare, Veterans benefits. February 29, 1980
- M-68 Memorandum re Political question. March 1, 1980
- M-69 Memorandum re third party beneficiary suits. Part 2. March 2, 1980
- M-70 Memorandum re Miree v. Kalb, 433 US 25. March 2, 1980
- M-71 Memorandum re Jaffee v. United States. March 5, 1980
- M-72 Memorandum from Ruddock v. Nonjusticiability-Political questions. March 5, 1980
- M-73 Memorandum re Bivens-type remedy. March 7, 1980
- M-74 Memorandum re class action (legal fees) (with slip opinion on Boeing Co. v. Van Gemert. March 11, 1980
- M-75 Memorandum re Jurisdictional brief (Agent Orange government studies). March 12, 1980
- M-76 Memorandum re legal theories for tort claims against United States or government officials. March 12, 1980
- M-77 Memorandum from Ruddock re jurisdictional arguments. March 16, 1980
- M-78 Memorandum re Appellate Brief (Statement of facts). March 21, 1980
- M-79 Memorandum re Notice Requirements. December 24, 1979
- M-80 Memorandum re Dow Motion to Reargue. December 20, 1979
- M-81 First Wave Discovery. December 23, 1979
- M-82 Memorandum re consolidation as opposed to class certification. December 23, 1979
- M-83 Memorandum re Affirmative Defense-Part 3. December 24, 1979
- M-84 United States as Third Party Defendant. December 24, 1979
- M-85 Members of Class. December 24, 1979
- M-86 Memorandum re Defense Production Act. April 28, 1980
- M-87 Tolling of Statute of Limitations. September 25, 1980
- M-88 Memorandum re Veterans organization standing to sue in Agent Orange September 27, 1980
- M-89 Memorandum re Statue of Limitations problems - Chicago meeting. September 27, 1980
- M-90 Memorandum re summary of legal strategy (Chicago meeting). September 25, 1980
- M-91 Memorandum re evaluation and development of legal strategy (Chicago meeting). September 27, 1980
- M-92 Memorandum re Suits by Veterans and their Kin v. United States. October 16, 1980
- M-93 Supplemental Memorandum re Suits by Veterans and their Kin v. United States. October 17, 1980
- M-94 Memorandum re Agent Orange §1983 (Civil Rights Statute). October 24, 1980
- M-95 Memorandum re Federal Tort Claims Act. November 10, 1980
- M-96 Discovery - (Source American Bar Foundation Research Journal, 1980 #2, p. 219). November 17, 1980
- M-97 Memorandum re Federal Tort Claims Act. November 10, 1980
- M-98 Memorandum re Lead Counsel. November 14, 1980
- M-99 Class Action v. Veterans Administration Hospital. November 14, 1980
- M-100 Memorandum re Discovery. November 17, 1980
- M-101 Memorandum re attorneys fees in class actions. February 11, 1981
Plaintiffs' briefs. (Includes drafts and other materials that may overlap or duplicate docketed briefs.) In 2 boxes.

Docket numbers in numerical order with box numbers

Box 1

1 Plaintiffs' Verified Complaint (Robert Oakes, et al v. Dow Chemical et al. and United States Veterans Administration. February, 1979
2 Plaintiffs' (Fennessey) Verified Complaint. February 17, 1979
3 Plaintiffs' Verified Complaint - Doeber, et al. v. Dow, et al. March 6, 1979
3A Plaintiffs' (Robert Oakes) Verified Complaint, Order to Show Cause, Subpoena United States Government, Names of Suppliers of Herbicides, etc. March 5, 1979
4 Judge Pratt's Minutes of Prehearing Conference (Kathleen Dowd, et al. v. Dow Chemical, et al). April 18, 1979
5 Defendant, Northwest Industries Motion to Dismiss-(Bernhard Tiranti, et al v. Northwest, et al. April 23, 1979
6 Defendant, Dow Chemical's Memorandum in Support of its Motion to Strike and Dismiss and for a Stay (Claxton, et al v. Dow, et al). May 16, 1979
7 Defendant, Dow Chemical's Notice of Motion to Dismiss - Claxton, et al v. Dow, et al and memorandum. May 17, 1979
8 Plaintiffs' Memorandum Pursuant to Practice and Procedure Order entered May 18, 1979. June 15, 1979
9 Plaintiffs' Amended Verified Complaint. June 20, 1979
10 Plaintiffs' Notice of Cross Motion and Affirmation in Opposition to Defendant, Dow, Motions for an Order Compelling Plaintiffs to Replead the Complaint. June 20, 1979
11 Defendant Dow's Memorandum to the Court re Communications to Third Parties. June 21, 1979
12 Judge Pratt's Minutes of Motion for Summary Judgment. June 21, 1979
13 Defendant Monsanto's, et al Memorandum of Law. July 2, 1979
14 Plaintiffs' Preliminary Injunction, Declaratory Relief, Class Certification (Supplemental Notice of Cross Motion with Affirmation of Attorney. July 8, 1979
15 Plaintiffs' Memorandum of Law on Federal Question Jurisdiction with Offers of Proof. July 9, 1979
16 Plaintiffs' Offers of Proof on Application for Temporary Injunction. July 9, 1979
17 Supplemental Memorandum to court in Support of Certification of Class Action Pursuant to Rule 23(b) (1) and (b) (2) (plaintiffs). 1979
18 Plaintiffs' Order to Show Cause, Petition and Affirmation, Motion to Intervene in Environmental Protection Agency Rebuttable Presumption Against Registration (RPAR). July 10, 1979
18A Defendant Dow's Memorandum in Opposition to Plaintiffs' Cross Motion for Preliminary Injunction and in Reply to Plaintiffs' Papers in Opposition to Dow's Motion to Dismiss, etc. July 9, 1979
18B Dow's Memorandum in Opposition to Plaintiffs' Supplemental Cross Motion and in Reply to Plaintiffs July 9, 1979 Memorandum in Opposition to Dow's Motion to Dismiss. no date
19 Plaintiffs' Procedural Suggestion for July 18, 1979 Hearing. July 15, 1979
20 Plaintiffs' Memorandum on Issues. July 15, 1979
20A Plaintiffs' Memorandum Supporting Plaintiffs' Amended Verified Complaint (June 20, 1979). July 15, 1979
20B Plaintiffs' Memorandum on Preemption and Primary Jurisdiction. July 15, 1979
21 Plaintiffs' Memorandum to the Court in Opposition to Defendants' Motion for a "Gag" Order. July, 1979
22 Plaintiffs' Practice and Procedure Memorandum. July 18, 1979
23 Judge Pratt's Decision. August 14, 1979
24 Plaintiffs' Second Amended Verified Complaint. August 20, 1979
25 Defendants' Memorandum to Dismiss Second Amended Verified Complaint. September 14, 1979
26 Plaintiffs' Memorandum of Law Opposing Defendants' Motion to Dismiss. September 24, 1979
27 Plaintiffs' Notice to Produce Certain Documents or Deny the Existence thereof by Defendant North American Philips Corporation. September 24, 1979
28 Defendants' Memorandum in Response to Plaintiffs' Motion for Class Certification (Dow's). September 26, 1979
28A Defendant Dow's Reply Memorandum of Law in Support of Defendants' Motion under Rules 12(b) and 12(f) with respect to Second Amended Verified Complaint. October 1, 1979
29 Defendant, Monsanto's letter to Honorable George C. Pratt asking Court to reconsider its Order and defer briefing and a hearing on class certification. October 9, 1979
29A Plaintiffs' Third Amended Verified Complaint. October 15, 1979
29B Plaintiffs' Draft Class Certification Brief. October 15, 1979
29C Plaintiffs' Supplemental Memorandum to the Court in Support of Certification of Class Action Pursuant to Rule 23(b)(1) and (b)(2). October 17, 1979
30 Dow Chemical's Reply Memorandum in Opposition to Certification of Plaintiffs' Action as a Class Action. October 26, 1979
31 Transcript of Minutes before Judge Pratt of Defendants' Motion for Certification of Interlocutory Appeal. November 2, 1979
32 Judge Pratt's Decision of November 20, 1979. November 20, 1979
32A Products Liability Litigation Hearing before the Judicial Panel on Multidistrict Litigation. November 28, 1979
33 Defendants' Diamond Shamrock Corporation, Dow, Hercules, Monsanto and Thompson-Hayward's Petition for Permission to Appeal. November 30, 1979
34 Plaintiff-Respondent's Answer in Opposition to Defendants' Petition for Permission to Appeal. December 1979
35 Defendant Dow's Memorandum of Law in Support of Defendants' Motion for Reargument of their Motion to Dismiss the Third Amended Verified Complaint. December 5, 1979
36 Defendant Dow's Answer. December 10, 1979
37 Defendant Hercules' Answer. December 10, 1979
38 Defendant Monsanto's Answer. December 10, 1779
39 Defendant Thompson-Hayward's Answer. December 10, 1979
40 Defendant Diamond Shamrock's Answer. December, 1979
41 Irving Like's Notes on Dow's Answers. December 15, 1979
42 Plaintiffs' attorney, Eugene O'Brien's letter to Judge Pratt offering Discovery timetable to be added to agenda for pre-trial conference scheduled for December 21, 1979
43 Plaintiffs' Rejoinder Memorandum Supporting Class Certification. December 21, 1979
44 Plaintiffs' Letter to Judge Pratt re affirmative defenses. January, 1980
45 Judge Pratt's Decision. January 14, 1980
46 Plaintiffs' First Notice to Take Depositions of Corporate Defendants. January 15, 1980
47 Plaintiffs' Notice to Corporate Defendants to Produce Documents. January 15, 1980
48 Judge Pratt's Memorandum and Order. January 18, 1980
49 Plaintiffs' First Wave Interrogatories to Defendants. January 15, 1980

Box 2

50 Attorney John Shniper's Application to Lift Stay of Discovery with Respect to Video-tape Deposition of Plaintiff, Charles E. Hartz, II. December 27, 1979
51 Dow Chemical's Third-party Summons. January 4, 1980
52 Diamond Shamrock's Third-party Complaint. January 4, 1980
53 Hercules Incorporated's Third-party Complaint. January, 1980
53A Thompson-Hayward's Third-Party Complaints. January, 1980
54 Monsanto's Third-party Complaint. January 4, 1980
55 Defendants' Hercules, Monsanto & Diamond Shamrock Memorandum with respect to application of plaintiff Charles E. Hartz, II to lift stay of discovery with respect to videotape deposition of plaintiff. January 14, 1980
56 Orders of Justices Lombard, Mansfield and Newman. January 16, 1980
57 Minutes of Meeting before Judge Pratt. January 16, 1980
58 Plaintiffs' Statement of Issues. January 21, 1980
59 Minutes of Meeting before Judge Pratt. February 1, 1980
60 Civil Appeal Scheduling Order and Notice of Pre-Argument Conference. February 4, 1980
61 Order (re February 1, 1980 pretrial conference)(Judge Pratt). February 5, 1980
62 Minutes of Meeting before Judge Luongo in Philadelphia, Pennsylvania. February 6, 1980
63 Defendant Thompson-Hayward Chemical Co. First Set of Interrogatories to Plaintiffs. February 22, 1980
64 Plaintiff-Respondent's Answer in Opposition to Defendants' Petition for Permission to Appeal. February, 1980
65 Australian Complaint. February 25, 1980
65A Memorandum and Order (Judge Pratt). March 26, 1980
66 Memorandum in Support of United States' Motion to Dismiss.
67 Brief for Defendants-Appellants. March 14, 1980
68 Report on Government Documents: An agency by agency breakdown of locations, types and subject matter of documents which may fall with pending production request, etc. 1980
69 Plaintiffs-Respondents Brief. April 14, 1980
70 Defendant Thompson-Hayward Notice of Motion of Summary Judgement. April 28, 1980
71 Defendant Monsanto Notice of Motion for Summary Judgement. April 28, 1980
72 Defendant Dow Chemical - Notice of Motion for Summary Judgement. April 28, 1980
73 Defendant Diamond Shamrock Corporation Notice of Motion Summary Judgement. April 28, 1980
74 Defendant Hercules Inc. Notice of Motion for Summary Judgement. April, 1980
75 Dow Chemical's Memorandum of Law in Opposition to Government's Motion to Dismiss. April 28, 1980
76 Dow Chemical's Memorandum of Law in Support of Its Motion for Summary Judgment. April 28, 1980
77 Defendants' Memorandum in Support of Their Motion for Summary Judgment in Accordance with this Court's Order of February 5, 1980. April 28, 1980
78 Stenographic transcript of hearing on return of Order to Show Cause in Western District Court, Madison Wisconsin United States & Dow & Wachtendonk v. Dr. James R. Allen and John Van Miller. April 18, 1980
79 Yannacone's Affidavit for Plaintiffs. April 23, 1980
80 Plaintiffs' Reply Memorandum in Opposition to Defendants' Motion for Summary Judgment (Separate Red Folder). April 23, 1980
81 Defendants-Appellants' Reply Brief. April 21, 1980
82 Minutes of Meeting before Judge Pratt on April 24, 1980. April 24, 1980
83 Dow's Memorandum of Law to Lift the Stay of Discovery. June 20, 1980
83A Plaintiffs' Fourth Verified Complaint. June 2, 1980
84 Plaintiffs' Notice of Motion to Certify class and for serial trials. June 23, 1980
85 Plaintiffs' Memorandum in Support of Application for Serial Trials. June 23, 1980
86 Dow Chemical's Thirty-second Affirmative Defense (Australian case). June 20, 1980
87 Memorandum of Australian Plaintiffs. June 23, 1980
88 Plaintiffs' Motion for Serial Trials.
89 United States' Opposition to Dow Motion for a Protective Order. August 27, 1980
90 Plaintiffs' Opposition to the Dow Chemical Company's Rule 26(c) Motion. August 21, 1980
91 Dow's Notice of Motion. August 14, 1980
92 Dow's Memorandum to Law in Support of Dow's Motion for a Protective Order. August 14, 1980
93 Defendant Thompson-Hayward Chemical Co.'s Notice of Motion. August 19, 1980
94 Trial Attorney Joan M. Bernott's (Tort Branch, Civil Division) letter to Honorable George C. Pratt re: Defendants' Proposed Discovery Schedule. August 11, 1980
95 Defendants' Hercules, Diamond, Monsanto and Thompson memorandum in support of their Motion for Summary Judgment in accordance with this Court's Order of February 5, 1980. March 28, 1980
96 Plaintiff Veternas' memorandum opposing Dow application for protective order. September 22, 1980
97 Defendants' service list.
98 Defendant Dow's Attorneys' letter to Judge Pratt re decision by Judge Tenney in Crumpler v. United States October 7, 1980
99 Defendant Dow's attorney, Rivkin's affidavit in support of Dow's motion for summary judgment and in opposition to motion to dismiss of third-party defendant United States of America. October 13, 1980
100 Plaintiffs' supplemental memorandum in opposition to defendant Dow's supplemental affidavit on defendants' motion for summary judgment. October 17, 1980
101 Plaintiffs' attorneys' Yannacone & Associates' letter to Daniel Fusaro, Clerk United States Court of Appeals in response to appellants' letter of October 7, 1980, from Cadwalader, Wickersham & Taft which brought to the panel's attention, and commented upon, the decision of the eighth circuit in Boyster v. Roden, filed September 2, 1980. October 21, 1980
102 Plaintiffs' attorney, Ed Hayes, letter to Fusaro, Clerk of United States Court of Appeals, re list of "minor errors" in the argument transcript referred to in his transmitted letter of last June. October 27, 1980
103 Plaintiffs' Order to Show Cause. October 24, 1980
104 Plaintiffs' memorandum in support of order to show cause. October 24, 1980
105 United States' response to order to show cause dated October 24, 1980. October 31, 1980
106 Plaintiffs' Fesco, et al v. Dow, et al verified complaint. United States District Court Western District, Pennsylvania (Pittsburgh). October 29, 1980
107 Daniel Baer, et al v. Dow, et al complaint United States District Court Western District, Pennsylvania (Erie). October 29, 1980
108 Donald Brawley, et al v. Dow, et al complaint United States District Court Western District, Pennsylvania (Erie). October 29, 1980
109 Memorandum of defendants Diamond Shamrock, etc., in opposition to Plaintiffs' motion to accelerate determination of their motion for class certification. November 7, 1980
110 Letter from Schlegel & Trafelet, Ltd. re United States v. Dr. James R. Allen, et al. November 18, 1980
111 Decision of November 24, 1980 United States Court of Appeals 2nd Circuit. November 18, 1980
112 Jaffee II Briefs (6)
113 Melvin Block's letter to Judge Pratt contemplating a jury trial in 6 months provided all sides agree to a jury trial and there is a representative executive committee appointed by each side to monitor the discovery and the trial and to select trial counsel. This letter was held in abeyance until the 2nd circuit's decision. November 5, 1980
114 Diamond Shamrock Corporation's counsels' bill of costs. December, 1980
114 Plaintiffs' motion to amend complaint to sue United States (Constitutional tort). December 1, 1980
114A Ryan v. Cleland - Complaint. December 1, 1980
115 Appellees' (Plaintiffs') petition for rehearing and suggestion for rehearing en banc (together with Fiorella's letter to Honorable Daniel Fusaro, setting forth the errata therein). December 8, 1980

Box 3

116 United States' opposition to plaintiffs' motion to amend the complaint to name as direct defendants the United States and certain of its individual officers. December 12, 1980
117 Need listing
118 Diamond Shamrock Corporation's memorandum in response to plaintiffs' motion for leave to serve fifth amended complaint. December 15, 1980
119 Hercules Incorporation, Monsanto Company, Thompson Hayward Chemical, Hooker Plastics and Thompson Chemicals Corporation in partial opposition to motion to amend the complaint. December 15, 1980
120 Dow Chemical's memorandum in response to plaintiffs' motion to amend complaint. December 15, 1980
121 Plaintiffs' reply memorandum to defendants' and United States responses to plaintiffs' motion for leave to serve fifth amended complaint. December 18, 1980
122 Judge Pratt's decision of December 29, 1980 granting class certification - Law journal article and letter from Mokotoff commenting on the decision (December 30, 1980). December 29, 1980
123 Plaintiffs' attorneys' notice to all Vietnam veterans, etc. (Other papers in class action red folder). January 7, 1981
124 Transcript of hearing before Judge Pratt. July 16, 1980
125 Transcript of hearing before Judge Pratt. November 5, 1980
126 Transcript of hearing before Judge Pratt. December 17, 1980
127 United States' response to Dow Chemical Company's supplemental affidavit in support of its motion for Summary Judgement. October 29, 1980
128 Non-class action attorneys' motion for order establishing steering committee. January 8, 1981
129 Defendants' notice of motion for entry of final judgment pursuant to Rule 54(b) and Certified pursuant to 28 USC §1292(b)
130 Defendants' memorandum in opposition to defendants' motion for certification pursuant to 28 USC §1292(b)
131 Defendants' memorandum in support of motion for entry of final judgment pursuant to rule 54(b) and certified pursuant to 28 USC §1292(b)
132 Plaintiffs' interrogatories to defendants (First wave). January, 1981
133 Defendants' Phase I first wave interrogatories (First set). January 15, 1981
134 Plaintiffs' supplemental class notice utilizing radio media. January 22, 1981
135 Defendants' objections to plaintiffs' first wave interrogatories. January 23, 1981
136 Defendants' proposals concerning Phase I discovery. January 23, 1981
137 Defendants' suggested modifications, objections and comments regarding class action certification and notice. January 23, 1981
138 Plaintiffs' response to defendants' Phase I first wave interrogatories first set. January 23, 1981
139 Plaintiffs' memorandum concerning the government contract defense. January 23, 1981
140 Plaintiffs' reply to defendants' objections and modifications regarding class action certification and notice. January 26, 1981
141 Plaintiffs' memorandum requesting order denying defendants' objections to plaintiffs' first wave interrogatories. January 26, 1981
142 Plaintiffs' memorandum opposing motion by certain non-class action attorneys for order establishing steering committee. January 26, 1981
143 Plaintiffs' memorandum setting forth text of proposed radio public service announcement. January 29, 1981
144 Defendants' memorandum of law on statutes of limitations. January 9, 1981
145 Plaintiff, Shirley J. Crawford v. Dow, etc., first amended complaint. January 14, 1981
146 Defendants' memorandum of comments, objections and suggestions with respect to the proposed representative plaintiffs. January 23, 1981
147 Defendants' memorandum of law on the government contract defense. January 23, 1981
147A Memorandum of law "Government contract defense" (Ashcraft & Gerel). January 23, 1981
148 Defendant Hercules attorneys' letter to Honorable George Pratt. January 27, 1981
148A Government's letter (Joan M. Bernott) to Pratt. January 27, 1981
149 United States' opposition to defendants' motion for reconsideration. January 29, 1981
150 New Jersey attorneys' Budd, Larner, Kent, Gross, Picillo & Rosenbaum affidavit re Vads. January 29, 1981
151 Defendants' proposed special verdicts on the government contract defense in accordance with pretrial order No. 26.
152 Plaintiffs' memorandum setting forth text of proposed radio public service announcement. January 29, 1981
153 Ashcraft & Gerel - Motion to have the class action notice served upon all attorneys of record on behalf of their named and unnamed clients. January 29, 1981.
154 Plaintiffs' proposed special verdict instructions to the jury on the government contract defense.
154A Statute of Limitations legal research.
155 Australian and New Zealand Chief Counsels' memorandum on limitation acts as applicable to Australia and New Zealand. January 30, 1981
156 Annexures and law reports referred to in memorandum of law on statute of limitations of Australia and New Zealand. (Separate folder). January 20, 1981
156A Affidavit of Edwin R. Matthews (Budd, Larner, Kent, Gross, Picillo & Rosenbaum (Veterans Administration records). January 29, 1981
157 Plaintiffs' affidavit (Ed Hayes) in support or motion for stay frap rule 41 and notice of motion. February 4, 1981
158 Memorandum in support of plaintiffs' opposition to motion by certain non-class action attorneys for order establishing steering committee. February 10, 1981
159 United States' response to defendants' Phase I first wave interrogatories (first set) and notice to all counsel. February 13, 1981
160 Hercules Incorporated's answers to plaintiffs' interrogatories to defendants (first wave). February 13, 1981
161 Defendant Uniroyal, Inc.'s responses to plaintiffs' interrogatories. February 13, 1981
162 Defendant Dow Chemical Company's answers to plaintiffs interrogatories to defendants (first wave). February 13, 1981
162A Defendant Hoffman-Taff answers toplaintiffs' first wave interrogatories to Diamond Shamrock. March 30, 1981
163 Defendant Thompson-Hayward Chemical Company's answers to plaintiffs' first wave interrogatories. February 13, 1981
164 Defendant Diamond Shamrock Corporation's responses to plaintiffs interrogatories to defendants' (first wave). February 13, 1981
165 Defendants' Occidental Petroleum Corporation and Hooker Chemicals & Plastics Corporation's amended answers to plaintiffs' interrogatories - first wave. February 23, 1981
166 Defendants' Dow Chemical Company and Uniroyal, Inc. attorneys' letter to Judge George C. Pratt re government's answers and objections to defendants' first wave interrogatories and a document entitled "Notice to all Counsel". February 25, 1981
167 Defendants' Diamond Shamrock, Dow, Hercules, Monsanto, Thompson-Hayward, Thompson, Uniroyal and Hooker letter to Joan M. Bernott, by Cadwalader, Wickersham & Taft (Mr. Michael M. Gordon) re United States' answers to defendants' interrogatories. February 27, 1981
168 Albert Fiorella's letter to Judge George C. Pratt re conducting depositions on Long Island. March 9, 1981
169 Cadwalader, Wickersham & Taft (Mr. Gordon) letter to Judge George C. Pratt re his letter to Joan M. Bernott on February 17, 1981. March 20, 1981
170 Hercules' Incorporated attorneys' letter to Judge Pratt re order establishing the place for the conduct of defendants' depositions. March 24, 1981
171 Defendants' Diamond Shamrock, Monsanto, Thompson-Hayward, et al memorandum in response to plaintiffs' request that phase I depositions be in Nassau County. March 23, 1981
172 Dow Chemical's attorneys' Rivkin, Leff & Sherman, letter to Judge Pratt re opposing Fiorella's letter dated March 9, 1981 to have depositions of defendants held in Nassau County. March 25, 1981
173 Dow Chemical's memorandum of law in opposition to the Ansul Company's motion for summary judgment. March 27, 1981
174 Petition for Writ of Certiorari; briefs and reply brief (Separate Red Folder)
175 Plaintiffs' memorandum supporting March 9, 1981 request for order directing defendants' depositions at Nassau County Courthouse. May 7, 1981
176 Albert J. Fiorella's affirmation in opposition to Dow's memorandum in opposition to Ansul Company's motion for summary judgment. May 7, 1981
177 Plaintiffs' memorandum of law in partial opposition to Dow's memorandum of law in support of its opposition to defendant Ansul's motion for summary judgment. May 7, 1981
178 Fiorella's letter to Judge Pratt enclosing #175, 176 and 177 above. May 7, 1981
179 United States notice of motion for dismissal of Plaintiffs' complaints. Undated
180 Proposed interrogatories to plaintiff. September 1981
181 Defendant Diamond Shamrock's response joining in support of transfer. April 10, 1981
182 Defendant Dow's affidavit in response to affidavit of Patrick T. Hall in support of plaintiffs' motion to vacate conditional transfer order. May 26, 1981
183 Defendant Dow's memorandum in response to plaintiffs' motion to vacate conditional transfer order. May 26, 1981
183(a) United States government motion returnable June 17, 1981 to dismiss plaintiffs' complaints asking money damages from individual Veterans Administration officials (undated)
184 Plaintiffs' memorandum of law opposing defendants' motion for summary judgment. July 18, 1981
185 Plaintiffs' amended verified complaint. July 20, 1981
186 Judge Pratt's pretrial order No. 27. August 25, 1981
187 Plaintiffs' notice of motion for summary judgment on the government contract defense. August 25, 1981
188 Defendants' proposed order regulating in extremis depositions of plaintiffs. October 5, 1981
189 Motion to transfer Aberg claim pursuant to 28 USC Section 1407 (Separate white folder). October 7, 1981
190 Petitioners' (Charles Chapman, et al) surreply to the Solicitor General. (Undated)
191 Notice of motion for order compelling discovery (Ashcraft & Gerel). November 25, 1981
192 Rivkin's affidavit opposing plaintiffs' motion to depose chief medical officer of the Veterans Administration. December 4, 1981
193 United States' answer to plaintiffs' motion to depose Dr. Custis. December 11, 1981
194 Rivkin letter re decertification of class. December 17, 1981.
195 Ashcraft & Gerel's order to show cause why the federal government of the United States should not be made a class action defendant and the post-discharge tort claims of plaintiffs, who have exhausted their administrative remedies, be saved from the limitation of the six month filing period. December 28, 1981
196 Joan M. Bernott letter re Veterans Administration data base. December 31, 1981
197 Fiorella's letter to Pratt opposing decertification. January 20, 1982
198 "Federal legislation enlarging federal question jurisdiction to include Agent Orange cases" February 5, 1982
198A Notice of dismissal of defendant Monsanto Enviro-Chem Systems, Inc. and affidavit. January 8, 1982

Box 4

199 Aberg action (third party complaint). undated
200 Aberg action (answer to first amended complaint) (defendants Schlegel & Schlegel & Trafelet). February 5, 1982
201 Pretrial order no. 32 (re: disposal of Dow documents). February 8, 1982
202 Plaintiffs' statement of issues and supplemental affidavit by plaintiffs' lead counsel supporting the veterans claims. February 8, 1982
203 Plaintiffs' notice of cross-motion and motion for relief under rules 15(a), 42(a) and 56. February 8, 1982
204 Dow's affidavit on motion enjoining government gagging employees. February 9, 1982
205 Dow's letter to Yannacone Re: pretrial order no. 32 (disposal of Dow documents). February 12, 1982
206 Pretrial order no. 33 (re: discovery of timetable)(government contract defense). February 24, 1982
207 Plaintiffs' motion for reargument. February 26, 1982
208 Plaintiffs'-defendants' reply to court order no. 33 on discovery timetable. March 12, 1982
209 Plaintiffs' proposed schedule for discovery and deposition with procedural suggestions and exhibits. March 17, 1982
210 Plaintiffs' letter to Department of Justice re class notice via social security records. April 12, 1982
211 Plaintiffs' memorandum regarding use of television news medium for transmittal of class notice. April 14, 1982
212 Methodology of identification of persons exposed to contaminated phenoxy herbicides. Undated
213 Documents relative to discovery of government documents. Undated
214 Regional counsel (separate red folder)
215 Proposed order (May ?, 1982) re discovery of witnesses with schedules I and II attached
216 United States' proposals for completion of phase I trial preparation regarding government documents and witnesses. February 1982
217 Dow's attorney (Silberfield) affidavit in opposition to motion for summary judgment of defendant the Ansul Company. February 18, 1982
218 Defendant Ansul's attorney (Corrigan's) affidavit in response to Dow's affidavit of February 18, 1982 and in further support of Ansul's motion for Summary Judgement dismissing all complaints and cross-claims against it. February 23, 1982
219 United States's response to supplemental arguments on Dow's related motion for relief. February 24, 1982
220 Ansul's consent and waiver to renewal of an action against it by present or future Agent Orange plaintiffs or class members, etc. March 11, 1982
221 Uniroyal's affidavit by William J. Palmer, Virginia K. Smith, Vincent Clarco and notice of appearance by Arthur, Dry & Kalish on behalf of Uniroyal. March 11,5,15,12 1982
222 Defendant Hoffman-Taff's attorney's letter to Judge Pratt in response to the Court's Order of February 24, 1982. March 17, 1982
223 Defendant North American Philips Corporation and Thompson-Hayward Agriculture and Nutrition Company, Inc. formerly known as Thompson-Hayward Chemical Co.'s notice of motion for an order updating prior order which dismissed claims in all mdl 381 cases against North American Philips. March 19, 1982
224 Defendant Uniroyal's notice of motion for an order pursuant to rule 56 of FRCP granting summary judgment in favor of Uniroyal, etc. and affidavit of Marilyn Neiman, Palmer, statement of defendant and proposed consent and waiver. March 22, 1982
225 Order granting summary judgment in favor of Uniroyal and dismissing claims against it, etc. April 1982
226 Defendants' supplemental memorandum concerning dissemination of notice to members of the class. April 19, 1982
227 Outline of computerized fact management (computers and litigation support). Undated
228 Defendant Dow's attorneys' letter to all parties re corrected copies of pages 4 and 5 to Dow's statement pursuant to pretrial order no. 33. April 26, 1982
229 Dow's letter to Pratt re United States Government discovery proposals Dow and order appointing special master. April 26, 1982
230 Dow's letter to Pratt re MDL discovery. April 28, 1982
231 Monsanto's letter to all counsel re copy of corrected page 34 of Monsanto statement pursuant to pretrial order no. 33 regarding quantities of, and dates on which, herbicides supplied by Monsanto to government. April 28, 1982
232 Defendants' memorandum in opposition to plaintiffs' proposed publication of class notice via national network news coverage. April 29, 1982
233 Pretrial order no. 35 appointing special master. April 29, 1982
234 Level of responsibility memorandum (Hayes-imputation of knowledge). April 29, 1982
235 Plaintiffs' exceptions to defendants' answers and objections to plaintiffs' first wave interrogatories; plaintiffs' motion to compel discovery. May 17, 1982
236 Letter of Waga and Spinelli, certified shorthand reporters re summary of April 16, 1982 meeting, questions and answers. May 4, 1982
237 Letter of Yannacone & Yannacone to Joan M. Bernott re depositions of government witnesses and request of documents. May 12, 1982
238 Defendant Diamond Shamrock's notice of deposition upon oral examination of the United States Army Chemical Systems Laboratory. May 17, 1982
239 Defendant Diamond Shamrock's deposition subpoena to testify or produce documents or things to United States Army Chemical Systems Laboratory. May 17, 1982
240 Defendant Diamond Shamrock's letter to Joan M. Bernott re deposition subpoenas to testify and to produce documents addressed to the United States Army Chemical Systems Laboratory, etc. May 17, 1982
241 Letter of Yannacone & Yannacone to Joan M. Bernott re oral depositions of government witnesses, specifically Reynolds; Welch; Young; official air force historian who compiled the report on the use of chemical defoliants during the war in Southeast Asia; Foster and Stone. May 18, 1982
242 Letter of Yannacone & Yannacone to defendant Monsanto's attorneys, Townley & Updike, re depositions of Monsanto employees. May 18, 1982
243 Proposed agenda for May 19, 1982 conference before special master Sol Schreiber. Undated
244 Plaintiffs' suggested agenda re pre-trial conference May 19, 1982. May 19, 1982
245A Plaintiffs' memorandum concerning the "government contract defense" phase of the "Agent Orange" product liability litigation: a management plan for the discovery process.
245B Draft of the above. May 21, 1982
246 Master list of discovery documents. June 1, 1982
246A Defendant Thompson-Hayward's response to plaintiffs' addition interrogatories in form of letter June 9, 1982. July 1982
246B Defendant Hercules letter responding to plaintiffs' letter June 9, 1982. July 9, 1982
247 Yannacone & Yannacone's letter to Joan M. Bernott re meeting to discuss class notice. May 12, 1982
247A Aberg's summons and complaint (received by Irving Like June 8, 1982) correspondence, etc. May 17, 1982
248 United States Department of Justice's letter to special master Sol Schreiber re status pending subpoena re documents with Edgewood Arsenal. May 21, 1982
249 United States Department of Justice's letter to special master Sol Schreiber re Edgewood materials. May 25, 1982
250 Rivkin's letter to special master Sol Schreiber re: procedure and substance of notice of the class. May 25, 1982
251 Dow's notice of appearance. May 25, 1982
252 United States Department of Justice Letter to special master Sol Schreiber re documents in custody of United States Department of Agriculture and Environmental Protection Agency. May 25, 1982
253 Rivkin's letter to special master Sol Schreiber re identify all motions outstanding. May 26, 1982
254 Monsanto letter re oral deposition of Monte Throdahl, and status of other employees. May 21, 1982
255 Defendants' report re Environmental Protection Agency documents (Defendant Thompson's Counsel's letter to Special Master). May 25, 1982
255A Diamond Shamrock's revisions to government contract defense. May 25, 1982
256 Defendants' request to Pratt, and not special master, resolve class notice question. May 26, 1982
257 Dow's report on outstanding motions. May 26, 1982
258 Cadwalader's letter to Joan M. Bernott describing documents requested from United States Forest Service. May 27, 1982
258A Plaintiffs' draft #] deposition briefing paper
259 Dow's notice of deposition upon oral examination of government witnesses and request for production of documents. May 27, 1982
260 Memorandum from O'Brien re delegation of responsibility to members of the consortium for the prosecution of Phase I litigation re government contract defense. June 2, 1982
261 Government's (Army) first knowledge (1970) of dioxin sample. June 4, 1982
262 Dow's letter to special master re Edgewood document search. May 27, 1982
263 Uniroyal motion to leave to serve third party summons and complaint v. Mitsui, et al. June 3, 1982
264 Dow's letter to David Dean re: answer to Plaintiffs' interrogatories 2B(ii). June 4, 1982
265A Dow's May 27, 1982 letter to Special Master objecting to Hoffman-Taff's dismissal. May 27, 1982
265 Government's update on Edgewood Documents. June 4, 1982
266 "Exhibit A" (Agreement concerning confidential documents subject to confidentiality order entered in the United States District Court for the Eastern District of New York on February 6, 1982 (2). June 7, 1982
267 Dow's affidavit opposing dismissal of Hoffman-Taff, Inc. June 7, 1982
268 Dow's notice to depose United States and requests for contracts between Department of Defense, Pacific Architects & Engineers and Philco-Ford. June 8, 1982
269 Plaintiffs' letter to defendants re compliance with discovery demands set forth inplaintiffs' proposed discovery ordered served April 29, 1982. June 9, 1982
270 Plaintiffs' letter to special master Sol Schreiber re: plaintiffs to comment on government's claim of privilege on national security grounds. June 9, 1982
271 United States' notice of motion for an order to protect the confidentiality of certain documents of the Environmental Protection Agency. June 9, 1982
272 Three Mile Island class notice. July 19, 1979
273 The Soldier of crime: the administrative, diplomatic legislative and litigation impact, etc. (Bruce F. Meyers). December 24, 1979
274 Sanchez letter re unsealing of Shoecraft testimony. June 3, 1982
275 Plaintiffs' notice of insurance disclosure (rule 26). June 4, 1982
276 Plaintiffs' letter urging relevancy showing by defendants before dealing with national security privilege issue and plaintiffs' memorandum concerning the "Government contract defense" phase of the Agent Orange product liability litigation, etc. June 9, 1982
277 Fiorella's letter reporting on predeposition conference June 9, 1982 before special master in Washington, DC. June 10, 1982
278 Levine's letter reporting on deposition June 9, 1982 of government witness Simmons. June 14, 1982
279 Joan M. Bernott's (Department of Justice) notice re Military Assistance Command, Vietnam documents. June 14, 1982
280 United States' memorandum on the conduct of open or closed depositions of federal witnesses possessing knowledge of state secrets. June 14, 1982
281 Joan M. Bernott's (Department of Justice) notice re United States Department of Agriculture documents. June 14, 1982
282 Gene O'Brien's letter to consortium re suggested guidelines for future chemical company depositions. June 14, 1982
283 Plaintiffs' letter to special master enclosing Wayne Brazil article which appeared in American Bar Foundation Research Journal, volume 1981, Fall, Number 4, Page 873 and was cited in Plaintiffs' discovery management brief. June 16, 1982
284 James C.Barber, Esq. letter to Twerski re Burden of Proof on government Contract defense. June 16, 1982
285 Joan M. Bernott's letter to special master re United States' notice to all counsel regarding defendants' recent request for production of certain documents of the Military Assistance Command, Vietnam (demand for defendants' payment of costs). June 16, 1982
286 Defendant Diamond Shamrock's letter and response to plaintiffs' interrogatory #3 (first wave) claiming no outstanding items remaining (June 16, 1982). June 17, 1982
287 Joan M. Bernott's list and copies of all defendants' outstanding document requests to the United States. June 18, 1982
288 Government's memorandum in support of order to protect the confidentiality of certain documents of the Environmental Protection Agency. June 18, 1982
289 United States' memorandum on its informal claim of a national security-state secrets privilege apropos the Hoffman report. June 21, 1982
290 Defendant Diamond Shamrock's statement in support of defendants' request for production of the "Hoffman Trip Report". June 21, 1982
291 Joan M. Bernott's letter to special master re deposition dates. June 24, 1982
292 Joan M. Bernott's letter to Cadwalader firm and plaintiffs' firm and (Yannacone) re Edgewood arsenal documents. June 24, 1982
293 Defendant Diamond Shamrock's index of documents responding to plaintiffs' interrogatories to defendants (first wave), revised as of June 25, 1982 and (2) stipulation concerning confidential documents entered into between lead counsel for plaintiffs and counsel for Diamond Shamrock on June 25, 1982. (Gave this to Don Russo on August 3, 1982)**** June 25, 1982
294 Sullivan and Associates retainer agreement for associated counsel and an affidavit of associates counsel and veterans' packet. Undated
295 Regional retainers and related correspondence. Undated
296 Joan M. Bernott's letter to all counsel re destruction herbicide storage tanks. June 29, 1982
297 Joan M. Bernott's letter to Cadwalader firm re response to letter dated March 11, 1983 and June 18, 1982 re inquiry of Edgewood historical collection. June 29, 1982
298 Defendants' memorandum in reply to United States memorandum disputing the relevance of the "Hoffman Trip Report". June 29, 1982
299 Defendant Diamond Shamrock's response to plaintiffs' "Supplemental interrogatories" dated June 9, 1982 re Dioxin Conference. June 30, 1982
300 Defendant Hercules Corporation's subpoena re Military Assistance Command, Vietnam documents. July 2, 1982

Box 5

301 Defendant Hercules Incorporated's attorneys letter re subpoena for Military Assistance Command, Vietnam documents. July 2, 1982
302 Defendant Dow's affidavit opposing Hoffman-Taff's application. July 4, 1982
303 Defendant Uniroyal's answer to plaintiffs' interrogatories re Dioxin conference. July 6, 1982
304 O'Brien's memorandum re government witness depositions - Washington, DC. July 7, 1982
305 Dow's letter to special master re Minarik deposition. July 19, 1982
306 Dow's letter on behalf of other defendants re "index" to the Edgewood arsenal holding record documents between 1956 and 1971 as useless. July 8, 1982
307 Defendant Thompson's answers to plaintiffs' interrogatories re Dioxin conference. July 8, 1982
308 Joan M. Bernott's letter and affidavit re Hoffman report. July 9, 1982
309 Plaintiffs' memorandum in support of motion to discover insurance coverage. July 9, 1982
310 United States' memorandum regarding the federal attorney-client relationship and the conduct of depositions. July 9, 1982
311 Dow's response to plaintiffs' supplemental interrogatories re March 1965 Dow conference. July 9, 1982
312 Defendant Monsanto's response to Plaintiffs' supplemental interrogatories re March 1965 Dow conference. July 9, 1982
313 Plaintiffs' memorandum in support of motion to discover insurance coverage. July 9, 1982
314 Defendant Dow's memorandum of law in support of motion for a protective order deferring discovery of defendants' insurance company. July 9, 1982
315 Defendants' position concerning the government's motion for a protective order governing documents obtained from the Environmental Protection Agency. July 12, 1982
316 Monsanto's July 12, 1982 letter to special master re Environmental Protection Agency protective order. July 12, 1982
317 Plaintiffs' subpoena to custodian of documents, Department of Defense. July 12, 1982
318 Dow's letter re list of government witness' depositions. July 12, 1982
319 Dow's attorneys' letter to Department of Justice re document production from Pacific Architects, etc.
320 Defendant Thompson-Hayward Agriculture & Nutrition Company's affidavits (executed) which was supposed to be attached to defendants' responses. July 19, 1982
321 Dow's attorneys' letter to special master enclosing copy of first circuit's July 9, 1982 decision affirming the "Manifestation Theory" portion of the decision below in Eagle-Picher v. Liberty Mutual, as reported in the asbestos litigation reporter. July 22, 1982
322 Plaintiffs' memorandum setting forth plan for identification of Agent Orange victim class members (separate red folder) August 31, 1982
323 Defendant Diamond Shamrock's notice of confidentiality and index of confidentiality documents
324 Dow's memorandum in opposition to the motion of the defendant former regents of the University of Hawaii in Fraticelli v. Dow for remand or change of venue of all claims or severable claims. July 30, 1982
325 Dow's memorandum in response to motion of the state defendants in Fraticelli v. Dow for dismissal or for summary judgment. July 30, 1982
326 Dow's memorandum in opposition to the motion of the defendant former regents of the University of Hawaii in Fraticelli v. Dow for remand or to vacate, modify or reconsider the transfer order. August 5, 1982
327 United States' response to motions brought by Hawaii attorney General on behalf of individual named defendants in Fraticelli v. Dow, et al. August 6, 1982
328 United States' supplemental memorandum on the Hoffman report. August 17, 1982
329 Minutes of hearing before special master (June 2, 1982 and June 4, 1982). June 2, 1982 and June 4, 1982
330 United States' motion to protect confidentiality Department of Agriculture documents. July 27, 1982
331 CU Insurance letter reserving rights re coverage Diamond Shamrock. August 3, 1982
332 CBS application for access to documents (July 29, 1982 and pre-trial order #36 referring CBS motion for access to documents to special master (August 5, 1982) separate red folder
333 Oral deposition - briefing checklist (separate red folder)
334 Dalkon Shield and Hyatt Regency Hotel class action decisions (separate red folder) (Gillette v. Steven Miner)
335 Pre-trial order #37 denying Hawaii motion to remand. August 5, 1982
336 United States' request for reversal of the special master's order compelling all future depositions of government witnesses to take place in New York. August 20, 1982
337 Defendants' memorandum in support of order of the special master directing that depositions of government employees be held in New York. August 20, 1982
338 Defendants' memorandum of law in opposition to CBS's demand for access to non-public materials. August 23, 1982
339 United States' response to CBS petition for access to unprivileged party and non-party document discovery in the multidistrict litigation. August 23, 1982
340 Number of Vietnam veterans: service lists. August 31, 1982
341 Settlement file. (Separate red folder).
342 United States' notice of motion for costs. November, 1980
343 Government's notice for protective order (Environmental Protection Agency documents). June 9, 1982
344 Defendants' memorandum in reply to United States' memorandum disputing the relevance of the "Hoffman Trip Report." June 29, 1982
345 Pretrial order No. 38 re: Syntex, Hoffman-Taff & Uniroyal motions. August 11, 1982
346 Government employees' declarations re lists of names of Vietnam veterans (Agent Orange Recovery) August 31, 1982
347 Defendant Riverdale Chemicals' response to Plaintiffs' request for expedited answers regarding its proposed discovery order and response to Plaintiffs' notice of insurance disclosure. September 3, 1982
348 CBS appeal from Special Master ruling denying access to document discovery. September 7, 1982
349 United States' opposition to Plaintiffs' motion to vacate conditional transfer of Matthews v. United States. September 10, 1982
350 Defendants' notice of request for production of documents re Dr. McNamara. September 13, 1982
351 Dow's notice of request for admission of the genuineness of all documents. September 14, 1982
352 Dow's memorandum in opposition to Plaintiffs' motion to vacate re: Matthews v. United States. September 15, 1982
353 Dow's memorandum of law in support of Special Master order which denied CBS' application for access to documents produced in this litigation. September 17, 1982
354 United States' motion for order to protect confidentiality of certain documents of the United States Department of Defense. September 22, 1982
355 Dow's proposed order restricting disclosure discovery documents. September 24, 1982
356 Dow's proposed order regarding the sealing of documents and depositions in these proceedings. September 24, 1982
357 Defendant Diamond Shamrock Corporation's notice of confidentiality and updated index of confidential documents. September 27, 1982
358 Defendants' request for production of documents directed to the United States of America re: United States Army Chemical Corps intelligence agency. October 4, 1982
359 Response of Riverdale Chemical Company to notice to corporate defendants to produce documents (Schedule I). October 5, 1982
360 Defendant Uniroyal's response to notice of insurance disclosure. October 5, 1982
361 Defendants' memorandum and procedure for resolving government claims of State Secrets Privilege. October 12, 1982
362 United States' memorandum of law in support of claims of governmental privilege on direction to a government witness not to answer certain deposition question, etc. October 14, 1982
363 Order governing depositions of in extremis plaintiffs. October, 1982
364 Defendants' memorandum in response to motions for in extremis depositions and in support of cross-motion for an order regulating the taking of such depositions. November 12, 1982
365 Hoffman trip report. October 5, 1959
366 Dow's supplemental answer to plaintiffs' interrogatories to defendants' first wave. November 4, 1982
367 Defendants' proposed order re "2,4-D". November 9, 1982
368 Defendants' law review articles on executive privilege. November 10, 1982
369 Defendants' memorandum of law regarding the assertion and resolution of government claims of executive privilege. November 10, 1982
370 Plaintiffs' memorandum in response to the request of Special Master for proposals defining the proper scope of discovery at the current stage of this litigation.
371 Protective order governing documents obtained from the Environmental Protection Agency. November 12, 1982
372 Townley & Updike's comments re governments proposed form of protective order governing documents obtained from the Environmental Protection Agency. November 16, 1982
373 Defendants' supplemental memorandum in opposition to class certification. November 17, 1982
374 Plaintiffs' counter order re "2,4-D". November 18, 1982
375 Government's updated report on status of government documents as to which tentative claims of privilege have been made. November 19, 1982
376 Defendant Monsanto's notice of confidentiality and index of confidential documents. November 23, 1982
377 Dow's notice of confidentiality and index of confidential documents. December 3, 1982
378 Dow's notice of motion re resolution objections to authenticity ...
379 Dow's notices to take depositions of Dr. Herbert Stockinger & Abram Kaplan. December 10, 1982
380 Government's memorandum in response to defendants' memorandum of law regarding the assertion and resolution of government claims of executive privilege. December, 1982
381 Defendant Diamond Shamrock's employee's affidavit. December, 1982
382 Memorandum in support of Special Master's recommended protective order governing documents obtained from the Environmental Protection Agency. December 21, 1982
383 Defendants' memorandum re imputation of knowledge within the government. December 20, 1982
384 United States' notice of motion to protect confidentiality of certain documents of United States Department of Agriculture. December, 1982
385 Defendants' memorandum of law re United States' lack of standing to challenge prod. of documents on relevancy grounds. December 27, 1982
386 Plaintiffs' supplemental memorandum supporting class certification. December 30, 1982
387 Special Master's recommended protective order governing documents obtained from Environmental Protection Agency. December 21, 1982
387A United States' memorandum in response to Diamond Shamrock' memorandum and procedure for resolving government claims of state secrets privilege. November, 1982
388 United States' motion for a protective order concerning requests for production from the National Institutes of Health. January, 1983
389 Defendant Monsanto's supplemental answers to plaintiffs' interrogatories to defendants (first wave) second set. January 5, 1983
390 Defendants' memorandum on appeal of the Special Master's recommended order governing depositions of in extremis plaintiffs. January, 1983
391 United States' opposition to plaintiffs' motion to vacate conditional transfer of Plavner, et al. v. United States. January 4, 1983
392 Plaintiffs' errata to supplemental memorandum supporting class certification dated December 30, 1982. January 4, 1983
393 United States' proposed notice concerning Environmental Protection Agency protective order that Environmental Protection Agency proposes to publish in Federal Register. January 5, 1983
394 Defendants' memorandum on procedures to be followed should class certification be denied. January 11, 1983
395 Dow's notice to take deposition of Norman Byers. January 13, 1983
396 Hercules' notice to take deposition of Riley Dee Housewright. January 17, 1983
397 Plaintiffs' supplemental memorandum on procedures to be followed should class certification be denied. January 25, 1983
398 United States' notice to all counsel to non-party data submitters and its January 27, 1983 Federal Register notice of Environmental Protection Agency protective order. February 7, 1983
399 Defendants' supplemental memorandum on procedures to be followed should class certification be denied. February 10, 1983
400 United States' notices to all counsel re two batches of microfilm, etc. February 10, 1983
401 United States' letter to Dow re list of "Agent Orange" manufacturers. February 10, 1983
402 Special master's recommended procedures for assertion of executive privilege. February 11, 1983
403 Special master's recommended order to protect the confidentiality of documents contained within the Military Assistance Command, Vietnam collection of documents. February 11, 1983
403A Ashcraft & Gerel's class notice memorandum. November 22, 1982
403B Government's memorandum in response to Diamond Shamrock' memorandum of law regarding the assertion and resolution of government claims of executive privilege. December 3, 1982
403B2 United States' letter to special master re government identify two depositions where government says witnesses, in effect, were called and it was a waste of time. December 29, 1982

Box 6

404 Ashcraft & Gerel's brief on potential decertification and intervention. January 4, 1983
405 United States' notice to all counsel re release of information claimed to be trade secret or confidential; judicial hearing. January 7, 1983
406 United States' notice to all counsel re defendants' request for discovery of documents in possession of Dr. K. Diane Courtney which relate to 2,4,5-T, Agent Orange and TCDD. January 7, 1983
407 Plaintiffs' letter to special master re questions raised as to possible impact of decertification on members of the presently certified class. January 7, 1983
408 Defendants' notice of motion for order compelling production of documents by us. January 10, 1983
409 Defendants' order compelling production of documents. January 10, 1983
410 Defendants' memorandum in support of motion to compel production of National Cancer Institute and Bionetics Research Laboratories documents. January 10, 1983
411 Defendants' appendix to above memorandum. January 10, 1983
412 Defendants' notice of motion for order compelling production of documents. January 10, 1983
413 Defendants' memorandum in support of motion to compel production of food and drug administration documents. January 10, 1983
414 Order compelling production of documents. January 10, 1983
415 Defendants' appendix to above memorandum (413). January 10, 1983
416 Order to protect the confidentiality of documents contained within the Military Assistance Command, Vietnam collection of documents. January 10, 1983
417 Order to protect the confidentiality of documents contained within the military assistance command, Vietnam collection of documents. January 14, 1983
418 Defendants' reply memorandum in opposition to class certification. January 14, 1983
418A Defendants' petition for Certiorari on class certification. January 15, 1983
419 United States' notice to all counsel re availability of certain documents submitted to Environmental Protection Agency by parties to this action. January 18, 1983
420 United States' memorandum in opposition to defendants' motion to compel production of food and drug administration documents and in support of United States' motion for protective order. January 24, 1983
420A United States' appendix to above (420). January 24, 1983
421 United States' motion for a protective order concerning requests for production from the Food and Drug Administration. January 24, 1983
422 Environmental Protection Agency's release of information claimed to be trade secret or confidential; judicial review.
423 Dow's supplementation of July 9, 1982 letter in response to item No. 3 of Irving Like June 9, 1982 letter for additional documents. January 25, 1983
424 United States' memorandum in opposition to defendants' motion to compel production of National Cancer Institute and Bionetics Research Laboratories, Inc. documents and in support of the United States' motion for protective order and appendix. January 28, 1983
425 United States' memorandum in opposition to defendants' memorandum in support of a request that the Special Master order the United States to produce or formally assert claims of National, etc. February 15, 1983
426 Dow's notice of motion for non-jury trial of the government contract defense, or, alternatively, for adoption of procedures relating to jury selection and deliberations in an attempt to reduce the likelihood of a tainted jury verdict. February 24, 1983
427 Dow's memorandum of law in support of a motion for a non-jury trial, etc. February 24, 1983
428 United States' memorandum in support of adoption of the special master's recommended procedures for assertion of executive privileges with limited exceptions. March 1, 1983
429 Defendants' appeal from special master's February 11, 1983 recommended procedures re assertion of executive privileges. March 2, 1983
430 Defendants exhibits re above. March 2, 1983
431 Ashcraft & Gerel's memorandum on delayed certification and notice. March 4, 1983
432 Dow's notice to take deposition of Midwest Research Institute. March 7, 1983
433 Dow's notice to take deposition of Rand Corporation. March 7, 1983
434 Dow's notice to take deposition of Institute for Defense Analysis. March 7, 1983
435 Dow's notice to take deposition of Vincent V. McRae. March 7, 1983
436 Dow's memorandum of law in opposition to the motion by Plaintiff in the nitro, West Virginia litigation pending against Monsanto to intervene for the purpose of modifying the protective orders in Agent Orange litigation. March 11, 1983
437 Defendant Hercules' memorandum in opposition to the motion by plaintiffs (same as above (436). March 14, 1983
438 Plaintiffs' supplemental memorandum on class definition and deferred class notice. March 14, 1983
439 Defendant Diamond Shamrock's notice to take deposition of William H. Summerson. March 17, 1983

Box 7

440 Memorandum concerning defendants Hoffman-Taff, Inc., Riverdale Chemical Company, Thompson Chemicals Corporation, and Uniroyal, Inc. March, 1983
441 Plaintiffs' memorandum in opposition to defendants' motion for an adjournment of the date for trial of the government contract defense. March, 1983
442 Memorandum of defendant Hercules Inc. in support of the motion for a non-jury trial of the government contract defense. March, 1983
443 Memorandum of defendant Hercules Inc. with respect to the motion of certain defendants for an adjournment of the date for trial of the government contract defense. March, 1983
444 Defendants' memorandum in support of motion to compel production of public health service documents. March, 1983
445 Ashcraft & Gerel's memorandum on delayed certification and notice. March 4, 1983
446 Letter from Thompson Chemicals Corporation re opposition to motion by plaintiffs in Nitro v. West Virginia case to modify protective order. March 14, 1983
447 Plaintiffs' supplemental memorandum on class definition and deferred class notice. March 14, 1983
447A Plaintiffs' response to Dow's memorandum opposing special master's recommendation class certification notice be deferred.
448 Letter from Rivkin, Leff, Sherman re Dow's readiness to proceed. March 16, 1983
449 Letter from Budd, Larner, Kent, Gross, re Thompson Chemical Joining motion filed by Dow. March 17, 1983
450 Memorandum in support of undersigned defendants' motion for an adjournment of the date for trial of the government contract defense & exhibits. March 16, 1983
451 Letter from Budd, Larner, etc. (Matthews) to Schreiber re expert witnesses. March 17, 1983
452 Memorandum of applicants for intervention in support of motion for intervention and in response to memoranda of Monsanto and Dow in opposition to applicants' motion for intervention. March 17, 1983
453 Letter from Cadwalader to Schreiber re trial adjournment. March 18, 1983
454 Statement of Diamond Shamrock Corporation in response to motion of Dow Chemical for a non-jury trial of government contract defense. March 18, 1983
455 Letter re statement of Diamond Shamrock. March 18, 1983
456 Declaration of Thomas W. Ainsworth and Exhibits. March 18, 1983
457 Defendant Dow Chemical request for production of documents directed to the United States: National Security Agency. March 23, 1983
458 United States Response to select defendants' motion for a one year trial adjournment. March 25, 1983
459 Plaintiffs' memorandum in opposition to defendants' motion for a non-jury trial and alternative jury selection procedures. March 27, 1983
460 Order compelling production of documents. March 28, 1983
461 Notice of motion for order compelling production of documents. March 28, 1983
462 Letter from Ashcraft & Gerel re documents to be used at depositions. March 28, 1983
463 Letter from Budd, Larner, Kent, Gross Picillo & Rosenbaum re files of advisory Center on Toxicology, National Academy of Sciences. March 28, 1983
464 Letter from special master Schreiber re extension of trial date. March 29, 1983
465 Letter from Ashcraft & Gerel re Monsanto's confidential documents. March 30, 1983
466 Letter from Cadwalader, Wickersham & Taft re special Master's rulings on motion for adjournment, deferral of class certification. March 30, 1983
467 Notice to take deposition Rand Corporation from Rivkin, Leff, etc. March 31, 1983
468 Affidavit of Stanley Pierce re Dow opposition to motion by United States for costs of producing documents from records depository at Hawaii. March 31, 1983
469 Reply memorandum of Dow in support of motion for non-jury trial of government contract defense. March 31, 1983
470 Motion for summary judgment of Riverdale Chemical. March 31, 1983
471 Notice to take deposition re Wayland Jackson Hayes. April, 1983
472 Defendants' reply to United States' response to motion to compel production of National Cancer Institute and Bionetics Research Labs documents and response to United States' motion for protective order. April, 1983
473 Memorandum concerning Hoffman-Taff, Riverdale, Thompson & Uniroyal. April, 1983
474 Memorandum of Hoffman-Taff, Riverdale, Thompson & Uniroyal re dismissal. April 4, 1983
475 Memorandum of law of defendant Dow Chemical concerning the discoverability of Dr. Benjamin Holder. April 4, 1983
476 Defendants' memorandum in opposition to special master's recommendation that class certification and notice be deferred. April 4, 1983
477 Plaintiffs' response to defendants' memorandum in opposition to special masters recommendation that class notice be deferred. April 4, 1983
478 Ashcraft & Gerel plaintiffs' opposition to Dow's motion for severance. April 4, 1983
479 Memorandum of Monsanto & Thompson-Hayward in support of motion for non-jury trial on government Contract defense. March 21, 1983
480 Supplemental memorandum in support of defendants' motion for adjournment of date for trial of government contract defense. April 4, 1983
480A Defendants' memorandum in support of motion to compel production of interdepartmental committee documents. April, 1983
481 Notes re oral argument. April 6, 1983
482 Notice of motion and memorandum in support of Uniroyal, Monsanto, Hercules, Thompson Chemical, Dow and Diamond Shamrock for order compelling production of documents of United States Department of Agriculture, Environmental Protection Agency, Department of Defense. April 8, 1983
483 Letter from Kelley, Drye & Warren re defendants' intention to appeal special master's ruling of April 6. April 11, 1983
484 Plaintiffs' second 26(b)(2) request for insurance. April 15, 1983
485 Letter from Cadwalader, Wickersham & Taft with notice of motion and memorandum in support of defendants' motion for amendment of court's April 6, 1983 order to permit appeal 28 USC.5.1292(b). April 18, 1983
486 Ashcraft & Gerel notice of motion to permit an in extremis deposition. April 18, 1983
487 Letter from Ashcraft & Gerel re Dow's confidential documents. April 18, 1983

Box 8

488 Notice of motion and motion by Rand Corporation to quash or modify subpoena duces tecum. April 18, 1983
489 Letter from Monsanto attorneys re depositions with exhibits. April 19, 1983
490 Memorandum of points and authorities in support of Rand motion to quash or modify subpoena duces tecum. April 19, 1983
491 Letter and supplemental index of Diamond Shamrock's index of documents responding to plaintiffs' interrogatories. April 19, 1983
492 Ashcraft & Gerel's motion and memorandum in support of order compelling Dow to produce unredacted copies and german translations of documents. April 19, 1983
493 Defendant Thompson Chemical's motion for summary judgment and appendices. April 20, 1983
494 Plaintiffs' first 26 (b)(1) and (2) request for particularly referenced and disclosed insurance agreements and underwriting material of the Dow Chemical Company. April 21, 1983
495 Notice of addition to plaintiffs' second 26(b)(2) request for insurance. April 21, 1983
496 Letter from Cooley, Godward, Castro, Huddleston & Tatum re Rand's motion to quash or modify subpoena. April 21, 1983
497 Statement of Riverdale Chemical re material facts on which no genuine issue to be tried. April 21, 1983
498 United States Opposition to defendants' appeal of special master's ruling on TWIX discovery. April 18, 1983
499 United States motion for protective order re requests for production from certain interdepartmental committees. April 21, 1983

Box 7

499A Plaintiffs' memoranda in opposition to defendants' motions for summary judgment on the government contract defense (separate red folder). May 2, 1983

Box 8

500 Memorandum of defendant Uniroyal in support of its motion for summary judgment. April 20, 1983
501 United States motion for protective order concerning requests for production of documents from Public Health Service. April 21, 1983
502 Letter from Cadwalader, Wickersham & Taft re technical reports and special purpose publications Defense Logistics Agency. April 19, 1983
503 Letter from Townley & Updike enclosing chapter listing of footnotes re operation ranch hand. April 19, 1983
504 Order compelling production of documents in possession of department of agriculture. April 13, 1983
505 Defendants memorandum in support of motion to compel production of department of agriculture documents. April 13, 1983
506 Defendants memorandum on appeal from denial of their request for production by government of 119 TWIX documents. April 15, 1983
506A Memorandum of defendant Dow in support of its motion for summary judgement on the government contract defense. April 20, 1983
507 Declaration of Marilyn Fingerhut, Ph.D. for inclusion as exhibit C to United States memorandum. April 26, 1983
508 Memorandum of law of Diamond Shamrock in opposition to defendants' motions for summary judgment and counter statement. April 28, 1983
509 United States motion and memorandum for an order to protect National Security Agency from discovery by defendants.
510 United States memorandum in opposition to defendants motion to compel production of Department of Defense documents and in support of United States motion for protective order. April 27, 1983
511 Petition for a writ of mandamus. April 29, 1983
511A Letter to all members of the consortium from Eugene J. O'Brien. April 29, 1983
512 Dow Chemical motion for transfer Cotner claim and memorandum in support 28USC 1407. May 4, 1983

Box 9

513 Intervention of veteran's claims (list of all veterans, wives and children (District of Massachusetts) and other states (separate red folder). May 4, 1983

Box 8

514 United States' opposition to Dow request for transfer of Robert E. Cotner v. Oklahoma National Guard, et al. May 17, 1983
515 Defendant Oklahoma National Guard's objection to motion for transfer pursuant to 28 USC Section 1407. May 19, 1983
516 Transcript of May 12, 1983 hearing on Judge Pratt's pretrial order No. 51 denying defendants' motion for summary judgement. May 20, 1983
517 Plaintiffs' second 26(b)(2) request for insurance. April 15, 1983
518 Notice of motion to permit an in extremis deposition (Sweet). April 18, 1983
519 Memorandum of defendant The Dow Chemical Company in support of its motion for summary judgment on the government contract defense. April 19, 1983
520 Letter to Sol Schreiber from Mintzer re Dow's response to request that Dow provide the names and addresses of employees who have made claims against Dow. April 21, 1983
520 Dow's April 21, 1983 letter opposing plaintiffs' request Workmen's Compensation records (3 copies of same letter in file). April 21, 1983
520A Dow's August 17, 1983 letter opposing plaintiffs' request for Workmen's Compensation records.
521 Memorandum of defendant Hercules Incorporated in support of its motion for summary judgment on the government contract defense. April 21, 1983
522 Notice of motion re Hercules request for summary judgment. April 21, 1983
523 Plaintiffs' opposition to defendant the Dow Chemical Company's motion for summary judgment on the government contract defense. April 24, 1983
524 Defendant Thompson Chemical errata to Motion for Summary Judgement. April 28, 1983
525 Plaintiffs memorandum to M. Silberman setting forth concept overall framework settlement. April 28, 1983
526 Affidavit of Rae W. Archibald re Rand documents. April 28, 1983
527 Corrected pages of Dow's memorandum of law in support of Dow's motion for summary judgment. April 29, 1983
528 Plaintiffs May 2, 1983 letter request Dow produce Workmen's Compensation receivable. May 2, 1983
528A Supplemental counter statement of Diamond Shamrock pursuant to general rule 9(g). May 3, 1983
528B Reply memorandum of defendant Dow in support of its motion for summary judgment on government contract defense. May 2, 1983
528C Exhibits to defendant Dow's reply memorandum in support of its motion for summary judgment on government contract defense. May 2, 1983
529 Thompson Chemical May 2, 1983 supplemental submission for a petition for a writ of mandamus and certification. May 2, 1983
529a Memorandum of defendant Uniroyal in further support of its motion for summary judgment and in reply to papers of plaintiffs and Diamond Shamrock. May 2, 1983
529b Reply memorandum of Uniroyal in further support of its motion for summary judgment. May 2, 1983
530 Reply memorandum of Hercules in support of its motion for summary judgment on government Contract defense. May 3, 1983
530a Reply memorandum in support of Thompson Chemical's motion for summary judgment. May 3, 1983
530b Supplemental memorandum in support of Thompson's motion for summary judgment. May 3, 1983

Box 9

531 Affidavits of John P. Frawley, Charles L. Dunn and Robert B. Scott (Hercules) responding to plaintiffs' memorandum opposing .... May 3, 1983
531b Reply memorandum in support of defendant Thompson Chemical Corporation's motion for summary judgment. May 3, 1983
531c Reply memorandum of defendant the Dow Chemical Company in support of its motion for summary judgment on the government contract defense. May 3, 1983
531d Reply memorandum of Riverdale Chemical Company in support of its motion for summary judgment. May 3, 1983
531e Uniroyal reply affidavit (Gorman). May 3, 1983
531f Exhibits to defendant the Dow Chemical Company's reply memorandum in support of its motion for summary judgment on the government contract defense. May 3, 1983
(Hercules) responding to plaintiffs' memo, opposing motion and motion for summary judgment.
532 United States memorandum in opposition to defendants' motion to compel production of Department of Agriculture documents and in support of United States' motion for a protective order. May 4, 1983
533 Notice of confidentiality and second updated index of confidential documents of defendant Diamond Shamrock Corporation. May 6, 1983
534 Rand's response to Dow's subpoena duces tecum. May 6, 1983
535 "Transcript of Judge Pratt May 12, 1983 decision" on Motion for Summary Judgement. May 12, 1983
536 Uniroyal June 3, 1983 motion to implead certain third-party defendants. May 17, 1983
537 Defendants May 17, 1983 and May 19, 1983 letters requesting withdrawal of mandamus petition on class certify issue. May 17, 1983
538 Monsanto letter to Schreiber re issues to be tried under the heading "General Causation". May 19, 1983
539 Affidavit of Harry E. Soehner and Hugh A. Thomson (Uniroyal) in support of motion reargue denial Motion for Summary Judgement. May 26, 1983
540 Memorandum of law of the Dow Chemical Company in support of its motion for reargument denial Motion for Summary Judgement. May 26, 1983
541 Response to defendant Oklahoma's objection to motion to transfer memorandum Dow in further support of motion to transfer pursuant to 28 USC S.1407. May 31, 1983
542 Shea Gould letter to Pratt re errata in Uniroyal motion for reargument. May 27, 1983
543 Plaintiffs memorandum on generic causation. June 6, 1983
544 Plaintiffs memorandum on generic causation. June 6, 1983
545 MacDonald deposition (President's Science Advisory Council witness). June 6, 1983
546 Special masters order re claims of attorney-client privilege in discovery pursuant to pretrial (re Diamond Shamrock document destruction). June 8, 1983
548 Diamond Shamrock Corporation, The Dow Chemical Company, Monsanto Company, Hercules Incorporated, Thompson-Hayward Agriculture & Nutrition Company, Inc., Thompson Chemical Corporation, and Uniroyal, Inc. June 8, 1983
549 Signed copy of affidavit of Hugh A. Thomson. June 8, 1983
550 Plaintiffs' opposition to defendant Thompson-Hayward Agriculture & Nutrition Co., Inc.'s motion for renewal and reargument of its motion for summary judgment on the government contract defense. June 9, 1983

Box 10

551 Plaintiffs' memorandum on relation of class certification to liability and damage issues. June 15, 1983
551A Dow June 10, 1983 letter opposition to lifting restriction on public disclosure of evidence. June 13, 1983
552 Reply memorandum of the Dow Chemical Company in support of its motion for reargument denial motion Summary Judgement. June 13, 1983
553 Defendants' memorandum of the jurisdictional and venue implications of intervention should class certification be denied and cover letter. June 24, 1983
553A Memorandum of law of undersigned defendants in opposition to class certification for punitive damages claims. June 24, 1983
554 Letter enclosing United States opposition to defendants' appeal of special master's recommendations. June 24, 1983
555 Dow's memorandum on the scope of the issues to be tried at a phase I trial. June 24, 1983
556 Memorandum of law of defendant Diamond Shamrock in opposition to the inclusion of general causation and liability issues in the phase I trial. June 24, 1983
557 Memorandum of defendant Monsanto as to the general causation issues to be included in the first trial. June 24, 1983
557A Memorandum of law of Monsanto & Diamond Shamrock re opposing class certification of punitive damages claims and commenting on other phase I issues. June 24, 1983
558 Thompson-Hayward letter June 27, 1983 endorsing Diamond Shamrock memorandum opposing inclusion of general causation and liability issues in phase I of trial. June 27, 1983
559 Ashcraft and Gerel plaintiffs' opposition to Dow's motion to reargue. June 7, 1983
560 Ashcraft and Gerel plaintiffs' memorandum on transfer and intervention. June 29, 1983
561 Dow memorandum of law in opposition to special master's recommendation that October 14, 1982 protective order be lifted. June 28, 1983
562 Defendants' memorandum in support of appeal from special master's recommendations: relevancy of documents. June 27, 1983
562A Plaintiffs' supplemental memorandum concerning class action status. July 8, 1983
563 Memorandum of defendant Diamond Shamrock supporting appeal from special master's ruling re discovery. July 8, 1983
564 Thompson-Hayward letter July 13, 1983 re trial of causation issue. July 13, 1983
565 Uniroyal July 15, 1983 letter stating position re general causation and liability issues, phase I. July 15, 1983
566 Ashcraft and Gerel analysis of defendants' memorandum on intervention and transfer. July 29, 1983
567 Diamond Shamrock August 1, 1983 letter re memorandum on intervention. August 1, 1983
568 Diamond Shamrock letter re response to plaintiffs' request for documents dated July 25, 1983. August 1, 1983
569 Ashcraft & Gerel letter re response to Dow letters of April 21 and April 25 re plaintiffs' request for production. August 2, 1983
570 Diamond Shamrock's letter of August 1, 1983 opposing request for document production on issue of destruction of documents (see 568). August 1, 1983
571 Non-parties EM Industries et al. joint order of preclusion. August 17, 1983
572 United States intention to appeal issue I of special master's recommendation re re-examination of prior rulings and additional discovery disputes. August 19, 1983
573 Special master's recommendations re re-examination of prior rulings and additional discovery disputes. August 17, 1983
574 Plaintiffs' interrogatories on general causation - first set prepared by Tom Henderson. August 19, 1983
575 Notice of confidentiality and third updated index of confidential documents of defendant Diamond Shamrock. August 29, 1983
575A Plaintiffs' memorandum in support of inclusion of strict products liability and punitive damages in generic trial. August 30, 1983
575B Plaintiffs' memorandum in support of inclusion of strict products liability and punitive damages in the generic trial (draft). August 31, 1983
576 Dow and Thompson-Hayward memorandum on inclusion of punitive damages issues in phase I trial. September 1, 1983
577 Memorandum of law of Dow concerning application of strict liability principles to this litigation. September 1, 1983
578 Notice of confidentiality and updated index of confidential documents of Dow Chemical. September 2, 1983
579 Defendants memorandum in support of appeal from special master's recommendations re reexamination of prior rulings and additional discovery disputes. September 2, 1983

Box 9

580 Defendants' memorandum concerning the applicability of strict liability principles to this case. September 2, 1983
581 The United States's memorandum in support of its appeal of part I of the special master's recommendation dated August 17, 1983. September 2, 1983.
582 Plaintiffs' second supplemental memorandum on class definition and supplemental memorandum on generic causation. September 12, 1983
583 Defendants' memorandum in support of application for review of special master's recommended discovery program. September 14, 1983
584 Pretrial order #59 re deposition discovery. September 15, 1983
585 Defendants' memorandum of law regarding the law applicable to the government contract defense. September 15, 1983
585A Memorandum of Dow Chemical Co. on application of physician-patient privilege to plaintiffs' discovery request. September 15, 1983
586 Notice of withdrawal of Ashcraft & Gerel. September 20, 1983
587 Yannacone & Associates motion for leave to withdraw as lead counsel. September 20, 1983
588 Motion for an order granting defendants reconsideration of defendant Thompson Chemical Company's motion for summary judgment based upon newly discovered evidence. September 22, 1983
589 Memorandum of defendant Diamond Shamrock in support of motion for reconsideration of Thompson Chemical's summary judgment motion. September 23, 1983
590 Defendants memorandum of law in support of motion based on newly discovered evidence for reconsideration of defendant Thompson Chemical's summary judgment motion and for ample time to conduct further discovery of Weldon Springs witnesses. September 23, 1983
590A "Dow memorandum on support of equal apportionment of special master's fees. September 26, 1983
590B Plaintiffs' memorandum in support of inclusion of strict liability and punitive damages in generic trial. August 30, 1983
591 Order relieving Yannacone & Associates as lead counsel and appointing new management committee (pretrial order #60). September 27, 1983
592 Pretrial order #61 referring defendants' motion to reconsider Thompson Chemical's Motion for Summary Judgement. September 29, 1983
592A Plaintiffs' supplemental memorandum on inapplicability of the physician patient privilege. September 30, 1983
592A Memorandum of defendant Diamond Shamrock Corporation in support of motion for equal apportionment of special master's fees. September 29, 1983
592B Memorandum of Diamond in support of equal apportionment of Special Master fees. September 29, 1983
592C Plaintiffs' memorandum in favor of the application of federal law to the government contract defense. September 30, 1983
593 Memorandum in opposition to defendants' motion to reconsider the court's opinion granting summary judgment to Thompson Chemical Corporation and Appendix. October 3, 1983
594 Plaintiffs' memorandum in opposition to defendants motion for equal apportionment of special master's fees. October 6, 1983
594A Plaintiffs' memorandum in opposition to defendants motion for equal apportionment of special master's fees. October 6, 1983

Box 10

595 Mills & London's objections to pretrial order #60 appointing management committee. October 14, 1983
596 Defendants' memorandum of law in opposition to plaintiffs' motion to permit an in extremis deposition. October 20, 1983
596A Defendants general objection toplaintiffs' interrogatories relative to general causation (first set). October 21, 1983
596AA Defendants' interrogatories to plaintiffs. October 31, 1983
597 Monsanto's objections to plaintiffs' interrogatories. October 25, 1983
598 Defendants intention to appeal special master's ruling of October 26, 1983.
599 Plaintiffs memorandum in support of motion to reconsider motion for summary judgment by Hercules. October 28, 1983
600 Notice to plaintiffs to produce documents re causation. October 31, 1983
600A Defendants interrogatories to plaintiffs on causation. October 31, 1983
601 United States memorandum in support of master's October 26 ruling precluding interrogatories against United States November 2, 1983
602 Memorandum of law in support of defendants' appeal of master's ruling striking defendants' interrogatories to government. November 3, 1983
603 Defendants' memorandum in opposition to United States motion for protective order terminating all government contract defense discovery. November 3, 1983
603A Plaintiffs response to pretrial order #65 on choice of law and applicable rules of liability and damages. November 17, 1983
604 Reply memorandum of Plaintiffs' in further support of their motion for reconsideration of Hercules motion for S.J. November 18, 1983
605 Motion for order dismissing claims against Monsanto, Thompson-Hayward and Dow. November 18, 1983
606 Monsanto Rule 23(b)(1)(b) class certification hearing documents (also Thompson Chemical and Thompson-Hayward documents. November 17, 1983
607 Defendants memorandum in support of motion for reconsideration and denial of government's motion to dismiss defendants Third party. November 18, 1983
607A Defendants' memorandum in support of motion for reconsideration and denial of government's motion to dismiss defendants' Third party complaints. November 18, 1983
607B Plaintiffs' memorandum in opposition to Dow's motion to dismiss all claims against defendants based on strict liability and negligence. November 18, 1983
608 Memorandum in support of Thompson Chemical notice of opposition to special master's recommendation re defendants' motion for reconsideration. November 17, 1983
608A Defendants' memorandum of law in opposition to the application of federal common law. November 17, 1983
609 Memorandum of law of Uniroyal, Dow, Thompson-Hayward and Diamond in opposition to class certification under FRCP23(b)(1)(b). November 18, 1983
609A Defendant motion for reconsideration in light of Lockheed Aircraft v. United States and denial of government's motion To dismiss third party complaints. November 17, 1983
609B Notice to plaintiffs to produce documents re causation issues. November 22, 1983
609C Defendants' interrogatories to plaintiffs (modified in accordance with special masters rulings on November 22, 1983). November 22, 1983
610 United States memorandum in support of appeal of special master's ruling. November 19, 1983
610A Diamond Shamrock Chemical Co. motion for an amendment. December 5, 1983
610B Plaintiffs' motion November 23, 1983 to include 2-4-D as an issue. November 23, 1983

Box 11

611 Special master's recommendations on class order and notice which was delivered to Judge Weinstein. November 29, 1983
611A Plaintiffs memorandum on the applicability of legal theories of failure to warn, concerted action, enterprise liability and alternative liability. December 1, 1983
611B Defendants (December 1, 1983) notice to produce documents re causation issues. December 1, 1983
611C Monsanto's memorandum concerning Plaintiffs' burden of proving responsibility of a particular defendant for injury. December 1, 1983
612 Defendants' memorandum on appeal from master's report re applicability of rule 23(b)(1)(b). December 2, 1983
612A Addendum to Plaintiffs' memorandum re applicability of legal theories. December 1, 1983
612B Addendum to Plaintiffs' memorandum re applicability of legal theories. December 5, 1983
613 Memorandum of law of Monsanto re attorney-client communications. December 6, 1983
614 United States memorandum in response toplaintiffs motion to include 2, 4-D as issue. December 8, 1983
614A United States memorandum concerning participation as amicus curiae. December 9, 1983
614B United States memorandum in opposition to Defendant motion for reconsideration of order granting United States motion to dismiss. December 9, 1983
614C Plaintiffs' memorandum on applicability of legal theories of failure to warn, etc. December 9, 1983
615 List of representative plaintiffs. December 12, 1983
615A Monsanto's supplemental memorandum in support of defendants' motion for reconsideration. December 13, 1983
615B United States memorandum in opposition to defendants motion for reconsideration of the order granting the United States motion to dismiss defendants third party complains. December 19, 1983
616 Plaintiffs memorandum on court's power to hear and try on merits of Plaintiffs' claims. December 15, 1983
616A Submission of Lockheed, Ionian Glow and McKay cases re defendants' motion for reconsideration and denial of government's motion to dismiss defendants' Third party claims. December 16, 1983
617 United States response to defendant Monsanto Company's supplemental memorandum in support of defendants motion for reconsideration. December 16, 1983
617A Order granting Plaintiffs' motion for class certification. December, 1983
617B Plaintiffs' December 15, 1983 letter re supplementary "legal notice to class members". December 15, 1983
617C Dow's interrogatories (modified in accordance with Judge Weinstein's rulings on December 12, 1983. December 23, 1983
617D Plaintiffs' interrogatories to defendants. December 22, 1983
617E Special master's 2nd amended recommendation re scheduling order for completion of discovery. December 29, 1983
617F Plaintiffs' memorandum in opposition to Hercules motion for reargument and reconsideration of court's granting reconsideration and reargument of original decision granting Hercules summary judgment. December 29, 1983
617G Veterans Administration practices and procedures re disability Vietnam defoliant exposure. December 28, 1983
617H Memorandum Thompson Chemical on jurisdiction and venue. ... of transfer pursuant to 28 USC S.1404. December 19, 1983
618 Plaintiffs' memorandum on the courts power to hear and try on the merits all plaintiffs' claims. December 19, 1983
619 Plaintiffs (fifth amended verified complaint) Final. December 19, 1983
620 Diamond Shamrock Chemicals Company, The Dow Chemical Company, Monsanto Company, Hercules Incorporated, and Thompson-Hayward Agriculture and nutrition company, Inc. Petition for mandamus on class certification issue. December 23, 1983
621 Sixth amended verified complaint filed with the court on December 22, 1983. December 27, 1983
622 Answer Thompson Chemical to petition for mandamus
623 Dow's motion for stay of mandate pending application for certiorari. January 10, 1984
624 Dow's memorandum in support of petition for rehearing in Banc and motion for stay. January 10, 1984
624A United States memorandum in support Judge Pratt's dismissal Third party claims against United States.
624B United States Military Assistance Command, Vietnam document manual.
625 Preliminary memorandum on conflicts of law (Pretrial order #87). January 16, 1984
626 Letter Fiorella re Agent Orange microfilm. January 16, 1984
626A Answer to plaintiffs' interrogatories to defendants
626B Answer to plaintiffs interrogatories of December 22, 1983
626C Answer to plaintiffs Monsanto Company to plaintiffs interrogatories to defendants.
627 Excerpts from Seymour Melman's "Pentagon Capitalism: the Political Economy of War" published by McGraw Hill describing defense procurement process. January 18, 1984
628 Petition defendants to Supreme Court for writ of certiorari class certification issue. January 18, 1984
628A Same as 626C.
629 Defendants' memorandum in support of 12 person jury and voir dire of jurors by attorneys for the parties. January 30, 1984
629A Defendant Monsanto Company's reply memorandum in support of defendant, motion reconsideration and denial of governments motion to dismiss third party complaints.
629B United States reply to defendants memo, requesting reversal of Judge Pratt's grant of United States motion to dismiss.
630 Letter Townley Updike with Indexes of medical training manuals used by the Air Force during 1960-1970. January 30, 1984
631 Choice of law briefs (separate red folder).
631A Weinstein pre-trial order Thompson-Hayward denying Dow's request to certify interlocutory appeal December 16, 1983 class certification.
632 Monsanto's memorandum of law concerning plaintiffs burden of proving responsibility. December 5, 1983
632 Plaintiffs memorandum in opposition to petition for writ of mandamus. January 2, 1984
632A Letter from Benton Musslewhite re full management committee meeting on January 17, 1984 at 10 am in Washington and trial plan proposal preliminary. January 12, 1984
633 Second circuit opinion January 18, 1984 denying mandamus on class certification. January 18, 1984
634 Answers of defendant Hercules Incorporated to plaintiffs' interrogatories to defendants, dated December 22, 1983. January 16, 1984
635 Hercules motion to dismiss plaintiffs' sixth amended complaint. January 16, 1984
636 Hercules motion to dismiss plaintiffs' sixth amended complaint. January 16, 1984
636A Memorandum of defendant Hercules Incorporated in support of its motion to dismiss the sixth amended complaint or for summary judgment. January 16, 1984
637 Memorandum of law of defendant the Dow Chemical Company in further opposition to Uniroyal, Inc.'s motion to implead dated January 17, 1984.
638 Declaration of Phillip E. Brown in opposition to Hercules' motion to dismiss or for summary judgment and in support of motion for order allowing further discovery pursuant to Rule 56 (f). January 19, 1984
639 Exhibits in support of the Dow Chemical Company's motion to dismiss exhibits 1-19. January 20, 1984

Box 12

639A Pretrial Order file
640 Exhibits in support of the Dow Chemical Company's motion to dismiss exhibits 20-127. January 20, 1984
640A Memorandum of law of defendant The Dow Chemical Company in support of its motion to dismiss in light of plaintiffs' inability to establish that any particular plaintiff was exposed to any Agent Orange manufactured by Dow. January 20, 1984
640B Letter to Schlegel for Irving Like re 132 page memorandum in support of its motion to dismiss "in light of plaintiffs' inability to establish that any particular plaintiff was exposed to any particular Agent Orange manufactured by Dow" January 20, 1984
641 Plaintiffs response to the court concerning expert witnesses. January 21, 1984
642 Plaintiffs' brief in opposition to petition for certiorari re class certification. January 21, 1984.
642A Further draft of our response to Dow's memorandum in support of its motion to dismiss in light of plaintiffs inability to establish that any particular plaintiff was exposed to any Agent Orange manufactured by Dow. January 24, 1984
642B Schlegel January 23, 1984 memorandum re Dow memorandum on burden of identification. January 23, 1984
642BB Dow's memorandum in support of its motion to dismiss in light of plaintiffs' inability to establish that any particular plaintiff was exposed to any Agent Orange manufactured by Dow. January 24, 1984
642C letter from Susan E. Olney to Mr. Heinemann re notice of motion, memorandum and appendix in support of defendant, Thompson Chemical Corporation motion to dismiss or, alternatively, for summary judgment, memorandum in support of defendant, Thompson Chemical Corporation's motion for dismissal on the basis of failure of service, lack of jurisdiction and improper venue, or, in the alternative, dismissal of the class action claim for failure to prosecute, defendant Thompson Chemical Corporation's statement of material facts as to which there is no genuine issue to be tried. January 26, 1984
642D Memorandum of law of defendant Uniroyal, Inc. in support of its motion to dismiss the complaint or, alternatively, for summary judgment. January 26, 1984
642E Memorandum to Irving Like from Schlegel re Stephen J. Schlegel's continuing draft of our response to Dow's motion to dismiss.
642F Letter from Ferraro to Judge Weinstein re copy of memorandum of law of defendant Uniroyal Inc. regarding the status of its crossclaim against defendants Hooker Chemicals and Plastic Corporation and Occidental Petroleum Corporation. January 26, 1984
643 Plaintiffs' reply memorandum to defendants' motions to dismiss of for summary judgment based on the problem of identifying which particular defendants' product caused individual plaintiffs' injuries. January 30, 1984
644 Plaintiffs' partial response in opposition to defendant Hercules January 16, 1984 motion to dismiss or for summary judgment. January 30, 1984.
644A Motion to expand plaintiffs' management committee and lead counsel group. January 31, 1984
644B Memorandum to Schlegel from Irving Like enclosing Hickman to Corbin memorandum dated October 30, 1968, Hickman memorandum dated June 21, 1968, Hickman report of phone call to Jane Lewis of June 7, 1968, Hickman to Ballman dated December 27, 1967. January 31, 1984
645 Affidavit of service of summons and sixth amended complaint. defendants. February 1, 1984
646 Magistrate's pretrial order No. 1. February 2, 1984
647 Memorandum and pretrial order No. 90 (Impleader). February 3, 1984
647A A letter to David Dean from James E. Tyrrell Jr. re list of doctors and institutions identified as having treated the representative plaintiffs but from whom we have not received full medical records. February 6, 1984
647B Letter from Schlegel to all members of committee re photostatic copies regarding all files and pleadings located in his office. February 6, 1984
648 Notice to take deposition of the custodian of documents, army Agent Orange task force. February 7, 1984
649 Plaintiffs notice of intent to take oral deposition of Thompson Chemical issue of doing business in New York. February 7, 1984
650 Chemical Seythe (Alistair Hay). No date.

Box 13

651 Deposition summaries (separate red folder). No date.
652 Plaintiffs statute of limitations brief (separate folder)
653 Diamond Shamrock application for stay pending petition for certiorari (class certification issue) February 14, 1984
654 Plaintiff supplemental reply memorandum to defendants motion to dismiss or for summary judgment based on difficulty of identifying which particular defendants product caused individual plaintiffs' injuries. February 13, 1984
655 Reply brief for petitioners Diamond Shamrock on petition for certiorari, class certification. February 14, 1984
656 Proposed order re Hooker Chemical dismissing claims. February 16, 1984
657 Operation ranch hand
658 Supplemental answers to plaintiffs' interrogatories Thompson-Hayward of December 22, 1983. February 17, 1984
659 Plaintiffs supplemental reformation of government contract defense (separate red folder) (draft). January, 1984
660 Index of government medical training manuals. No date.
661 Notice to produce documents re causation issues (revised in accordance with special master's rulings of December 20, 1983). January 6, 1984
662 Sixth amended verified complaint (retyped first 5 pages). January 6, 1984
663 Letter from Maskin-Witt to Schreiber re objections to defendants revised requests for documents. January 11, 1984
664 Thompson-Hayward answers to plaintiffs interrogatories of December 22, 1983 (Thompson-Hayward agriculture). January 16, 1984
665 Proposed order re protection from disclosure of Veterans Administration Agent Orange Registry. January 16, 1984
666 Second circuit opinion filed January 18, 1984 on class certification. January 18, 1984
667 Answers to plaintiffs interrogatories to defendants (Thompson Chemical). January 18, 1984
668 Exhibit A to defendant Monsanto reply memorandum in support of defendants' motion for reconsideration and denial of government's motion to dismiss defendants Third party complaints. January 20, 1984
669 Public Law 97-72, Veterans Health Care, Training and Small Business Loan Act of 1981. January 23, 1983

Box 14

670 Notice of motion, Monsanto motion to dismiss sixth amended complaint. January 23, 1984
671 Answers of Monsanto to plaintiffs interrogatories to defendants dated January 16, 1984. January 24, 1984
672 Plaintiffs answers to Dow's interrogatories dated December 22, 1983. January 24, 1984
673 Affidavit of Nolan Draney on behalf of Thompson Chemical in support of its notice of motion. January 26, 1984
674 Special master's recommendations re defendants request for information concerning damage claims. January 30, 1984
675 Copies of causation expert witnesses' summaries (From Henderson) January 31, 1984
676 Memorandum of law of defendant Uniroyal in support of its motion to dismiss the complaint or for summary judgment. January 26, 1984
677 Plaintiffs responses to defendants interrogatories. February 11, 1984
678 Memorandum from Benton Musslewhite to Dean, Schlegel, Russo, etc. re litigation trial plan. February 13, 1984
679 Plaintiffs response to paragraph No. 7 of magistrate's pretrial order No. 1. February 15, 1984
680 Letter to Arvin Maskin from Christopher Marothy (Clark, Gagliardi and Miller) re Jeffries deposition. February 17, 1984
681 Outline, oral argument plaintiffs position, choice of law brief. February 23, 1984
681A Special master's recommendation re applicability of physician patient privilege to Dow Medical records. February 3, 1984
681B United States motion for Rule 26(c) protective order re Agent Orange task force. February 9, 1984
682 Letter from Maskin to Honorable Scheindlin re objections to depositions requested by plaintiffs and defendants. February 14, 1984
683 Defendants list of physical examinations and tests which they intend to conduct on plaintiffs. February 20, 1984
684 Letter from Clerk, United States Supreme Court re justice Marshall denial stay re class certification. February 14, 1984
685 Plaintiffs motion for clarification of Court's order of January 10, 1984 or for reconsideration thereof re filing statements of physicians. February 13, 1984
686 Plaintiffs memorandum re Dow's appeal from recommendations of special master Schreiber re production of Dow employee medical records. February 9, 1984
687 Letter February 21, 1984 attorney for Thompson Chemical challenging service of process. February 21, 1984
688 Motion for leave to file seventh amended v. complaint. February 14, 1984
689 Description of Agent Orange registry. February 10, 1984
690 Notice of motion for vacatur of stay pending petition for writ of certiorari. February 14, 1984
691 Amended answers of Hercules to interrogatories 3 and 7 of plaintiffs interrogatories. February 17, 1984
692 Supplemental responses of Uniroyal to plaintiffs interrogatories. February 17, 1984
693 Monsanto memorandum in opposition to government's motion for a Rule 26(c) protective order prohibiting deposition of and production of documents by custodian of Army Agent Orange task force. February 15, 1984
694 Memorandum in support of plaintiffs appeal of magistrate's order that plaintiffs submit expanded summaries of witness testimony. February 15, 1984
695 Reply affidavit on Motion to Vacate stay re class certification. February 15, 1984
696 Seventh amended original complaint. February 15, 1984
697 Supplemental answers of Monsanto to Plaintiffs' interrogatories. February 17, 1984
698 Amended answer of Thompson Chemical to interrogatory #7. February 23, 1984
699 Dow's notice of conditional cross motion to amend pretrial order #91 and memorandum in support. February 27, 1984
700 Dow's objections to Plaintiffs' supplemental answers to Dow's interrogatories. February 28, 1984
701 Memorandum from Allen Kamp re potential disqualification of Neil Peterson & Greitzer & Locks. December 28, 1983
702 Pre trial order # 87. January 12, 1984
703 Affidavit of Philip Witorsch re medical examination procedure. February, 1984
704 Answer of Hercules to interrogatory 5 of plaintiffs interrogatories. February 15, 1984
705 Memorandum of Hercules in opposition to plaintiffs' request that they be permitted to have a legal observer present while they are being examined pursuant to Rule 35. February 27, 1984
706 Pre trial order #93 re TV record of testimony. February 29, 1984
707 Notice to take deposition (Michael Ryan) schools attended. March 6, 1984
708 Plaintiffs memorandum in support of (1) plaintiffs supplemental reformulation of government contract defense; and (2) inclusion of strict liability claims. February 7, 1984
709 Motion to amend the order of February 16, 1984 for certification pursuant to 28 USC S.1292(b). February 27, 1984
710 Letter from Supreme Court Clerk re order in Diamond Shamrock v. Ryan (petition for writ of certiorari denied). February 27, 1984
711 Order of dismissal re Rivkin v. Central Intelligence Agency. February 27, 1984
712 Defendants' preliminary list of defects in plaintiffs amended rule 26(b)(4)(A)(i) statements for Drs. Barsotti, Levin, Schneiderman, Hay & Kaye. February 28, 1984
713 First list of Monsanto fact witnesses identified pursuant to order of court dated January 10, 1984. February 29, 1984
714 Initial list of fact witnesses of Hercules. February 29, 1984
715 Uniroyal's preliminary witness list. February 29, 1984
716 Thompson-Hayward Agriculture preliminary list of witnesses. March 5, 1984
716A Probed order Judge Weinstein. March, 1984
716B Memorandum of defendant Diamond Shamrock Chemical Co. concerning inapplicability of Strict liability principles of this case.
717 Amended answer of Hercules to interrogatory #3 of plaintiffs interrogatories dated December 22, 1983. March 6, 1984
718 Plaintiffs initial list of witnesses in support of claims. March 6, 1984
719 Defendant Thompson-Hayward notice to take deposition of Drs. Salter, Lambiotte, Warren, Cooke, Mewborn, etc. March 8, 1984
720 Plaintiffs brief in opposition (on petition for writ of certiorari) (2 copies - orange bound printed vol.)
721 Report to the Congress (Veterans Administration's Agent Orange examination program: actions needed to more effectively address vet's health concerns. November 15, 1982
722 United States memorandum in reply to Dow Chemical Company's memorandum in support of the validity of its third party claims against the United States based upon post-discharge negligence. February 23, 1984
723 United States motion to amend the order of February 16, 1984 for certification pursuant to 28USC 1292(b) and order denying motion. February 27, 1984
724 Defendants list of fact witnesses submitted pursuant to the scheduling order for completion of discovery. February 29, 1984
725 Dow's notices to take depositions of various employees of plaintiffs Ewalt & Ryan. February 29, 1984
726 Clerk's notice re jury panel drawing. March 2, 1984
727 Memorandum in further support of Thompson Chemical motion to dismiss. March 2, 1984
728 Second supplemental answer of Monsanto to plaintiffs interrogatory No. 3 to defendants. March 2, 1984
729 Defendants memorandum on issue of production of medical records of non-representative class members upon which plaintiffs experts rely. March 5, 1984
730 Uniroyal's amended preliminary witness list. March 5, 1984
731 United States memorandum in support of Schreiber's 2nd review of government documents. March 5, 1984
732 Affidavit of James O. Hall re records of centers for disease control. March 5, 1984
733 Dow's supplemental reply memorandum on issue of production of underlying data which will be relied upon by plaintiffs experts at trial
733A Notices to take deposition of Daniel Ford employees. March 8, 1984
734 Dow's memorandum in support of Judge Pratt's findings that the government established the specifications for Agent Orange and that the Agent Orange manufactured by the defendants' met the government's specifications in all respects. March 8, 1984
735 United States motion for reconsideration of preliminary pretrial order No. 91 (preliminary memorandum on government liability) March 12, 1984
736 Defendant Hercules notice to take deposition of several hospitals re Ryan medical records. March 12, 1984
737 Plaintiffs' motion to reconsider findings of Pratt in pretrial order #51 to the effect that elements 1 and 2 of government contract defense should be found in favor of defendants. March 12, 1984
738 Plaintiffs' information sign up package for new plaintiffs. March 16, 1984
739 Plaintiffs' motion for defendants to answer certain interrogatories. March 16, 1984
739A Liability conference January 28-29, 1984

Box 15

740 Memorandum of defendant Diamond Shamrock Chemicals Co. in support to dismiss seventh amended complaint or summary judgment.
740 United States memorandum concerning the government contract defense and indemnity. March 9, 1984
741 Plaintiffs motion for protective order concerning discovery of medical information by defendants. March 10, 1984
742 Defendant Thompson-Hayward amended notice to take depositions of Drs. Salter, et al (Lambiotte doctors). March 14, 1984
743 Letter from Hayes to management committee re questions to witnesses re government contracting officer interface. March 16, 1984
744 Uniroyal position in strict liability issue. March 16, 1984
745 Defendants' reply memorandum in further support of Pratt's findings that government established the specifications for Agent Orange and that Agent Orange manufactured by defendants met government's specifications. March 16, 1984
746 Response of plaintiffs to magistrate request to designate priority government witnesses on government contract defense. March 17, 1984
747 Order directing in camera proceeding re Hoffman report. March 20, 1984
747A Affidavit of Edwin R. Matthews.
748 Dow's notice to take deposition - medical records Daniel L. Ford. March 21, 1984
748A Agent Orange product liability litigation MDC No. 381.
749 Collection of Dow's notice to depose pharmacies, hospital and insurance company