Town of Westport v. Monsanto Co.
Court of Appeals for the First Circuit
1Opinion of the Court
LYNCH, Circuit Judge.
This is an appeal from the entry of judgment for the defendants in a products liability case brought by the plaintiff, Town of Westport (‘Westport”). The defendants are Monsanto Company, Solutia, Inc., and Pharmacia Corporation (collectively “Phar-macia”). Westport filed suit under Massachusetts law against Pharmacia, seeking to recover the cost of remediating Westport Middle School (“WMS”) after discovering polychlorinated biphenyls (“PCBs”)— chemicals that are hazardous above certain concentrations—in the school building.
When WMS was built in 1969, the contractor, who…
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