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dismissed their claims and their requests for injunctive relief

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Case 1:04-cv-08825-JFK-HBP Document 118 Filed 06/26/12 Page 52 of 56duties on behalf of the corporation, may be held individuallyliable.” Lopresti v. Terwilliger, 126 F.3d 34, 42 (2d Cir.1997) (citation <strong>and</strong> internal quotation marks omitted).Plaintiffs contend that Anderson, as a member of UCC’sManagement Committee, participated in the decisions to backintegratethe Bhopal Plant <strong>and</strong> use unproven technology, <strong>and</strong> thathe approved or ratified the proposed location <strong>for</strong> the plantsite. (Compl. 73, 79-80). As discussed above, the backintegrationproject was proposed <strong>and</strong> executed by UCIL, <strong>and</strong> theonly unproven technology utilized at Bhopal – that is, the CO<strong>and</strong> 1-naphthol processes – along with the Sevin batchcarbamoylation process, were all developed by UCIL.Plaintiffs also claim that UCC <strong>and</strong> Anderson approved theconstruction of the Bhopal Plant near residential neighborhoodswhose drinking water could be contaminated. The onlyevidentiary support <strong>for</strong> this assertion is the ManagementCommittee’s endorsement of UCIL’s 1973 Capital Budget Proposal.However, the Capital Budget Proposal merely describes theproposed plant location as “Bhopal, site of the <strong>for</strong>mulationplant,” a location that had “good rail communications, proximityto sources of raw materials, <strong>and</strong> low l<strong>and</strong> cost.” (2005 HeckDecl., Ex. D1 at UCC04204). Nothing therein suggests that thearea was residential in 1973 or that UCC management knew it tobe residential. Regardless of the condition of the52

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