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JUDGE THROWS OUT MOST OF SUIT AGAINST LOCKHEED.


Byline: Eric Wahlgren Daily News Staff Writer

A federal judge dismissed many of the claims in a second massive class action lawsuit class action lawsuit

A lawsuit in which one party or a limited number of parties sue on behalf of a larger group to which the parties belong. For example, investors may bring a class action lawsuit against a brokerage firm that has actively promoted a tax
 against Lockheed Martin For the former company, see .

Lockheed Martin (NYSE: LMT) is a leading multinational aerospace manufacturer and advanced technology company formed in 1995 by the merger of Lockheed Corporation with Martin Marietta.
 Corp. over toxic contamination at the company's former aircraft plant in Burbank, officials announced Friday.

Claims that toxins from the warbird factory hurt property values and the health of residents either lacked merit or were filed too late, U.S. District Court Judge Mariana R. Pfaelzer wrote in her April 2 ruling.

Filed in 1996, the suit sought compensation and damages for personal injury and property damage that thousands of residents argued were caused by toxins and hazardous waste Hazardous waste

Any solid, liquid, or gaseous waste materials that, if improperly managed or disposed of, may pose substantial hazards to human health and the environment. Every industrial country in the world has had problems with managing hazardous wastes.
 at the factory, which closed in 1990.

But Pfaelzer ruled that ``plaintiffs have not stated sufficient facts'' to establish that the use of potentially toxic cleaning solvents constituted an ``ultrahazardous'' activity.

The judge also ruled that a three-year statute of limitations A type of federal or state law that restricts the time within which legal proceedings may be brought.

Statutes of limitations, which date back to early Roman Law, are a fundamental part of European and U.S. law.
 invalidated claims that Lockheed's operations led to a decline in property values. The residents knew about contamination before 1993 but did not file their suit until 1996, Pfaelzer wrote.

James Buckley James Buckley may refer to:
  • James L. Buckley (born 1923), American Senator from New York, corporate director and federal judge
  • James R. Buckley (1870-1945), U.S.
, Lockheed's associate general counsel, said in a written statement that the aerospace giant was delighted with Pfaelzer's ruling.

``We have long maintained that our activities in Burbank did not harm any person or any property,'' Buckley said.

To settle an earlier class action lawsuit, Lockheed in 1996 agreed to pay $60 million to 1,357 Burbank residents who had claimed their health and property were damaged by six decades of aircraft manufacturing at its plant, known as B-1. The company admitted no wrongdoing wrong·do·er  
n.
One who does wrong, especially morally or ethically.



wrongdo
.

Attorneys representing the residents in the latest suit did not return phone calls on Friday. But they have maintained that Lockheed failed to warn residents that cancer-causing agents were being released in the area. Many of their clients now have cancer or other diseases, the attorneys have said.

Pfaelzer ruled that five remaining claims relating to relating to relate prepconcernant

relating to relate prepbezüglich +gen, mit Bezug auf +acc 
 damage allegedly caused to property during Lockheed's demolition of the plant still had merit.

In a written statement, an attorney for the residents claimed the ruling was a victory, because they can continue to seek compensation for damages stemming from the demolition and cleanup.

Gail Rymer, a Lockheed spokeswoman, said these claims would be limited to plaintiffs living near the former plant who must prove that contamination stemming from the plant's clean-up had negative impacts.

Lockheed officials say all environmental remediation Generally, remediation means providing a remedy, so environmental remediation deals with the removal of pollution or contaminants from environmental media such as soil, groundwater, sediment, or surface water for the general protection of human health and the environment or from a  has been performed in accordance with state and federal regulations.
COPYRIGHT 1998 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1998, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Geographic Code:1USA
Date:Apr 11, 1998
Words:406
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