Dow Dioxin Class Action Suit Moves Forward

by The Saginaw News and The Associated Press

Friday January 25, 2008, 12:40 PM

The state Court of Appeals has signed off on giving residents class-action status in their lawsuit against Dow Chemical Co. over dioxin contamination.

About 2,000 property owners in the Tittabawassee River basin say dioxin releases from Dow's Midland plant reduced the value of property along the river.

Gary Henry of Tittabawasee Township is the lead plaintiff in the case, court records show. The Saginaw News could not immediately reach him for comment.

The class action participants would include those who owned property in the 100-year flood plain Feb. 1, 2002, court records said.

The area generally is bounded on the west and south by River and Stroebel, and bounded on the east and north by Midland, St. Andrews and Michigan, documents said.

Dioxin is a chemical byproduct that may cause cancer and damage reproductive and immune systems.

The Saginaw County Circuit Court gave the suit class-action status. Dow wanted cases to continue individually.

The appeals court released a divided ruling Friday in favor of the property owners.

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