12345678910111213141516171819202122232425IN THE SUPREME COURT OF THE UNITED STATES
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DOWCHEMICAL COMPANY, ET AL., :
Petitioners :
v. : No. 02-271
DANIEL RAYMOND STEPHENSON, :
ET AL. :
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Washington, D.C.
Wednesday, February 26, 2003
The above-entitled matter came on for oral
argument before the Supreme Court of the United States at
11:05 a.m.
APPEARANCES:
SETH P. WAXMAN, ESQ., Washington, D.C.; on behalf of thePetitioners.
GERSON H. SMOGER, ESQ., Oakland, California; on behalf of
the Respondents.
Alderson Reporting Company1111 14th St., NW 4th Floor Washington, DC 20005
12345678910111213141516171819202122232425C O N T E N T S
ORAL ARGUMENT OF
SETH P. WAXMAN, ESQ.
On behalf of the Petitioners
ORAL ARGUMENT OF
GERSON H. SMOGER, ESQ.
On behalf of the Respondents
REBUTTAL ARGUMENT OF
SETH P. WAXMAN, ESQ.
On behalf of the Petitioners
PAGE
3
24
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26Alderson Reporting Company1111 14th St., NW 4th Floor Washington, DC 20005
12345678910111213141516171819202122232425P R O C E E D I N G S
(11:05 a.m.)
CHIEF JUSTICE REHNQUIST: We'll hear argument
next in Number 02-271, the Dow Chemical Company v. Daniel
Raymond Stephenson.
Mr. Waxman.
ORAL ARGUMENT OF SETH P. WAXMAN
ON BEHALF OF THE PETITIONERS
MR. WAXMAN: Mr. Chief Justice, and may it
please the Court:
We rely on four propositions in this case.
First, there is a long final judgment in the Agent Orange
litigation that binds a class which by its terms includes
respondents.
Second, all of the judges in the directproceedings, the trial judges and the appellate judges,
concluded that all veterans should be included in the
class and settlement, because all of the veterans, whether
they were symptomatic or not, face the overwhelming
prospect of legal defeat on issues common to the entire
class, first and foremost, the Government contractor
defense.
Third, adequacy of representation was expressly
considered several times, both generally and with specific
respect to asymptomatic veterans, by both the district
27Alderson Reporting Company1111 14th St., NW 4th Floor Washington, DC 20005
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US Supreme Court: 02-271
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