Wednesday, 11 June 2003  
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Viet veteran can sue Agent Orange makers

WASHINGTON, Tuesday (AFP) -A former US serviceman who has cancer can sue the makers of Agent Orange, the defoliant sprayed by US forces during the Vietnam War, after the US Supreme Court deadlocked on an appeal.

The plaintiff, Daniel Stephenson was a helicopter pilot in Vietnam from 1965 to 1970 and diagnosed with bone marrow cancer in 1998. He said his illness was due to contact with the herbicide.

Stephenson can now sue major chemical manufacturers such as Dow Chemical and Monsanto, the main producers of the substance, after the Supreme Court, split four-four and with one abstention, failed to reach consensus.

The plaintiff can go ahead and sue the herbicide manufacturers despite a 1984 out of court collective settlement since the court found Stephenson had inadequate representation at the time of the settlement.

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