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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND EARL COFIELD, et al. Plaintiffs vs. 3277 LEAD INDUSTRIES ASSOCIATION, INC., et al. * * * * Defendants * * * * * * * * * CIVIL ACTION NO. MJG-99*

MEMORANDUM AND ORDER RE MOTIONS TO DISMISS THE COMPLAINT BASED UPON FAILURE TO IDENTIFY THE PRODUCT MANUFACTURER The Court has before it the Defendants' Motions to Dismiss the Complaint Based Upon Failure to Identify the Product Manufacturer1 and the materials submitted by the parties relating thereto. The Court has held a hearing and

has had the benefit of the arguments of counsel.

I.

INTRODUCTION A. Factual Background

Six Plaintiffs filed this proposed class action2 against

The two motions are the Motion to Dismiss the Complaint for Failure to Identify the Product Manufacturer [Paper No. 85] and the Motion to Dismiss the Complaint Based Upon Failure to Identify the Manufacturer [Paper No. 86]. The proposed class consists of all persons who own and occupy single-family residential dwelling units situated within the State of Maryland which were constructed no later than 1978 and which either did or do contain lead paint.
2

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various trade associations and lead-related corporations. Plaintiffs claim that their homes are contaminated and diminished in value by lead paint which the Plaintiffs contend is or was present on the interior and exterior of their properties. Plaintiffs allege that each Defendant, or its predecessor in interest, "produced, mined, marketed, promoted, designed and/or manufactured its own lead products and promulgated, supported and/or promoted the production, marketing, designing and the manufacturing of the other defendants' lead products." First Am. Compl. at p. 18-26

Download Cofield v lead Industries - Motion to Amend.pdf

Maryland Law