Appeal sought in W.Va. Monsanto settlement

3 plaintiffs in West Virgina Monsanto class action appeal to state Supreme Court

CHARLESTON, W.Va. (AP) -- Three plaintiffs in Monsanto Co.'s massive settlement with thousands of West Virginia residents are taking issue with agreement.

Media reports state they filed a notice of appeal Wednesday with the state Supreme Court.

The plaintiffs take issue with several parts of the settlement, including what they say is the exclusion of 95 percent of the settlement class.

The plaintiffs said Monsanto polluted their community by burning waste from production of the defoliant Agent Orange.

The St. Louis company agreed to pay up to $84 million for medical monitoring and $9 million to clean up 4,500 homes. Monsanto also agreed to pay legal fees.

The Monsanto plant in Nitro produced herbicides, rubber products and other chemicals. The plant's production of the defoliant Agent Orange created dioxin as a toxic chemical byproduct.