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ROHM AND HAAS COMPANY v. AMERICAN CYANAMID COMPANY

November 20, 2001

ROHM AND HAAS COMPANY, PLAINTIFF,
v.
AMERICAN CYANAMID COMPANY, ASHLAND, INC., GAF CORPORATION, GENERAL ELECTRIC COMPANY AND MONSANTO COMPANY, DEFENDANTS.



The opinion of the court was delivered by: Dennis M. Cavanaugh, United States District Judge.

OPINION

This matter comes before the Court on motion, filed as an Order to Show Cause, by Defendant, American Cyanamid Company ("American Cyanamid"), to disqualify counsel for Plaintiff, Rohm and Haas Company ("Rohm and Haas"). Pursuant to Rule 78 of the Federal Rules of Civil Procedure, oral argument was heard on November 5, 2001. After carefully reviewing the record and for the reasons set forth below, Defendant's motion to disqualify Plaintiff's counsel is denied.

BACKGROUND

This case involves many individuals and entities, therefore, the following dramatis personae should prove helpful in understanding the Court's analysis.

Rohm and Haas — Plaintiff in both consolidated actions and one of the parties held jointly and severally liable for contaminating the Picillo site in other cases.
Ellen Friedell — In-house counsel for Rohm and Haas.
Schnader, Harrison, — The law firm representing Rohm and Haas in both
Segal & Lewis, LLP consolidated actions since on or about April 11, 1995.
John Armstrong — Attorney from the firm of Schnader, Harrison, Segal & Lewis, LLP representing the Rohm and Haas Company.
Dennis Suplee — Attorney from the firm of Schnader, Harrison, Segal & Lewis, LLP representing the Rohm and Haas Company.
American Cyanamid — Defendant in the 99-1891 action and co-plaintiff with Rohm and Haas in the 95-1865 action.
Margaret Tribble — In-house counsel for the American Cyanamid Company.
Sills Cummis Radin — Counsel representing American Cyanamid Company in this
Tischman Epstein present matter, primarily through attorney Mark S.
& Gross Olinsky.
Deming Sherman of — Represented American Cyanamid Company between
Edwards & Angell approximately 1980 and 1995.
Ashland Inc. — A primarily responsible party participating in the cleanup of the Picillo site.
GAF Corp. — A primarily responsible party participating in the cleanup of the Picillo site.
General Electric Company — A primarily responsible party participating in the cleanup of the Picillo site.
Monsanto Company — A primarily responsible party participating in the cleanup of the Picillo site.
The Performing Group — American Cyanamid Company, along with Ashland Inc., GAF Corp., General Electric Company, Monsanto Company refer to themselves collectively as the Performing Group because they have entered negotiations with the United States resolve their liability for contaminating the site by agreeing to "perform" part of the decontamination procedures on the Picillo site. It is Rohm and Haas Company's ...

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