Bibeau v. Pacific Northwest Research Foundation

339 F.3d 942 Harold BIBEAU; Melanie Ann Dooyen Bibeau, on their own behalf and as representatives of classes of similarly situated persons, Plaintiffs-Appellants, v. PACIFIC NORTHWEST RESEARCH FOUNDATION, INC., a Washington corporation; Battelle Pacific Northwest Laboratories, an Ohio corporation; Battelle Memorial Institute, an Ohio corporation; MAvis Rowley; Daniel Diiaconi, Doctor, in his individual and Former official capacity; Fernando Leon, Doctor, in his individual and former official capacity; Robert E. Wildman, in his individual and former official capacity; John Randolph Totter, in his individual and former official capacity; James Leslie Liverman; United States of America, Defendants-Appellees. No. 01-36147. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 9, 2003. Filed August 5, 2003. Kendall S. Zylstra, Berger & Montague, Philadelphia, Pennsylvania, for the plaintiffs-appellants. J. Charles Kruse, United States Department of Justice, Torts Branch, Civil Division, Washington, D.C., for the defendants-appellees. Appeal from the United States District Court for the District of Oregon; Michael R. Hogan, District Judge, Presiding. D.C. No.…