Sand Suppliers Urge Appeals Court to Revisit Duty Issue

ROCHESTER, N.Y. - Defendants have moved for reconsideration of an appeals court ruling that rejected their sophisticated intermediary defense and reinstated the claims of two men who allegedly developed silicosis after nearly 20 years of dust exposure. Rickicki v. Borden Chemical, et al., No. CA 07-01668 (N.Y. Sup. Ct., App. Div., 4th Dept.).

Defendants Unimin Corp. and U.S. Silica Co. filed the motion to reargue the case June 8 in New York's Fourth Appellate Division, the same court that in March reversed a trial court ruling that the plaintiffs' employers, as sophisticated intermediaries and purchasers of silica, were in the …