O'Shea v. Asbestos Corporation, Ltd. et al
| Sandra O'Shea |
| Paul W. Abbott Company, Inc., Singer Safety Company, Whittier Filtration, Inc., Fisher Controls International, LLC, Owens-Illinois, Inc., Grinnell Corporation, Weil McLain Company, RCH Newco II, LLC, Bell Asbestos Mines, Ltd., Goodin Company, Zurn Industries, LLC, General Engineering Development Corporation, Industrial Holdings Corporation, Cleaver Brooks, Rite-Hite Corporation, Bell & Gossett, Burnham, LLC, Hobart Brothers Company, Frommelt Safety Products, Goodyear Tire & Rubber Company, Building Sprinkler Company, Inc., Northwest Iron Fireman, Inc., Fargo-Moorhead Insulation Company, Industrial Contractors, Inc., Smith-Sharpe Company, Goodrich Corporation, McMaster Carr Supply Company, Lincoln Electric Company, Foster Products Corporation, Honeywell, Inc., Praxair Distribution, Inc., H.B. Fuller Company, Sprinkmann Sons Corporation, AWT Air Company, Inc., Asbestos Corporation, Ltd., Baker Manufacturing Company, LLC, Linde, LLC, Atlas Turner, Inc., Western Steel & Plumbing, Inc., Northern Plumbing Supply, Inc., Walker Jamar Company, Exxon Mobil Corporation, Bayer CropScience, Inc., Goulds Pumps, Inc., Union Carbide Corporation and CBS Corporation |
| 3:2019cv00127 |
| June 27, 2019 |
| US District Court for the District of North Dakota |
| Daniel L Hovland |
| Alice R Senechal |
| P.I. : Asbestos |
| 28 U.S.C. § 1442 |
| Defendant |
Docket Report
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This docket was last retrieved on August 20, 2019. A more recent docket listing may be available from PACER.
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| Filing 68 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Scheduling Conference held on 8/20/2019. Added Attorney Thomas M. Stieber for defendants Cleaver Brooks, Goodin Company, Goodyear Tire & Rubber Company, RCH Newco II, LLC, Rite-Hite Corporation, Singer Safety Company, Weil McLain Company, and for Zurn Industries, LLC. (DR #190820-000 JS Chambers Recorder) (lc) |
Filing 67
ORDER by Magistrate Judge Alice R. Senechal. Final Pretrial Conference set for 3/16/2021 at 10:00 AM in Fargo Chambers before Magistrate Judge Alice R. Senechal. (CS)
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Filing 66
SCHEDULING ORDER by Magistrate Judge Alice R. Senechal. Discovery due by 6/29/2020. Discovery Motions due by 7/15/2020. Plaintiff(s) Expert Witness Disclosures and Reports due by 5/18/2020. Defendant(s) Expert Witness Disclosures and Reports due by 6/29/2020. Discovery Depositions of Expert Witnesses due by 8/10/2020. Join Additional Parties due by 10/27/2019. Amend Pleadings due by 10/27/2019. Amend Pleadings to Add Punitive Damages due by 10/27/2019. Nondispositive Motions due by 8/31/2020. Threshold Motions due by 9/28/2020. Dispositive Motions due by 9/28/2020. (CS)
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| Filing 65 NOTICE of Hearing: Pretrial Conference set for 3/30/2021 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Daniel L. Hovland. Jury Trial set for 3/30/2021 at 09:30 AM in Fargo Courtroom 1 before Chief Judge Daniel L. Hovland. (trial est. 10-13 days) (CS) |
| Filing 64 NOTICE of Hearing: Mid-Discovery Status Conference set for 4/29/2020 at 09:30 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiff shall initiate the call into Chambers at (701) 297-7070. (CS) |
| Filing 63 NOTICE of Appearance by Emily L. Mugaas on behalf of Burnham, LLC (Mugaas, Emily) |
| Filing 62 NOTICE of Appearance by Emily L. Mugaas on behalf of Building Sprinkler Company, Inc. (Mugaas, Emily) |
| Filing 61 NOTICE of Appearance by Emily L. Mugaas on behalf of Baker Manufacturing Company, LLC (Mugaas, Emily) |
| Filing 60 NOTICE of Appearance by Cassandra A. Marka on behalf of Northern Plumbing Supply, Inc. (Marka, Cassandra) |
| Filing 59 NOTICE of Appearance by Scott J. Landa on behalf of Northern Plumbing Supply, Inc. (Landa, Scott) |
| Filing 58 Corporate Disclosure Statement by Exxon Mobil Corporation. (Edison, Brent) |
| Filing 57 NOTICE of Appearance by Brent J. Edison on behalf of Exxon Mobil Corporation (Edison, Brent) |
| Filing 56 RESPONSE to Motion re #48 MOTION to Remand to State Court filed by Building Sprinkler Company, Inc.. (Neubauer, Heather) |
| Filing 55 Corporate Disclosure Statement by Lincoln Electric Company. (Hughes, John) |
| Filing 54 ANSWER to Complaint (Notice of Removal) by Lincoln Electric Company. (Hughes, John) |
| Filing 53 NOTICE of Appearance by John C. Hughes on behalf of Lincoln Electric Company (Hughes, John) |
| Filing 52 ANSWER to Crossclaim #36 by Fisher Controls International, LLC(a Delaware corporation).(Zuger, Jack) |
| Filing 51 ANSWER to Crossclaim #23 by Fisher Controls International, LLC(a Delaware corporation).(Zuger, Jack) |
| Filing 50 ANSWER to Crossclaim #20 by Fisher Controls International, LLC(a Delaware corporation).(Zuger, Jack) |
| DOCKET CORRECTION re: #49 MEMORANDUM in Support. Clerks office added exhibit numbers to docket text. (js) |
| Filing 49 MEMORANDUM in Support re #48 MOTION to Remand to State Court filed by Sandra O'Shea. (Attachments: #1 Exhibit 1 - Declaration of Barry I. Castleman, Sc.D., July 18, 2008, #2 Exhibit 2 - Defendant Building Sprinkler Company, Inc.'s Answers to Plaintiffs' First Set of Interrogatories, served in Oscar Adolf, et. al., v. A.P.I., Inc., et. al., United States District Court for the District of North Dakota, Civil Nos. A1-89-098, et. seq., May 6, 1989, #3 Exhibit 3 - Deposition of William C. Sornsin, reported September 28, 1983, in Marjoria Matthews, et. al., v. The Celotex Corporation, et. al., United States District Court for the District of North Dakota, Southeastern Division, Civil Nos. A3-81-2, #4 Exhibit 4 - Correspondence dated June 2, 1964, from John P. Harrington, Industrial Insulation General Sales Manager, The Eagle Picher Company, to R.M/ Moechan of Owens-Corning Fiberglas Corporation, #5 Exhibit 5 - Defendant Owens-Corning Fiberglas Corporation's Responses to Plaintiffs' First Set of Interrogatories, served in Oscar Adolf, et. al. v. A.P.I., Inc., et. al., served in Oscar Adolf, et. al., v. A.P.I., Inc., et. al.,, United States District Court for the District of North Dakota, #6 Exhibit 6 - Transcript of Trial Testimony of Dr. Barry I. Castleman, April 28, 2016, in James Rheault v. A.O. Smith Corporation, et. al., North Dakota District Court, Cass County, East Central Judicial District, Case No. 09-2014-1773)(Thompson, David) Modified on 7/30/2019 to add exhibit numbers to docket text. (js) |
| Filing 48 MOTION to Remand to State Court by Sandra O'Shea. (Thompson, David) |
| Filing 47 NOTICE by Sandra O'Shea of Waiver of Certain Claims Against Defendant Building Sprinkler Company, Inc. (Thompson, David) |
| Filing 46 NOTICE of Appearance by David C. Thompson on behalf of Sandra O'Shea (Thompson, David) |
| Filing 45 Corporate Disclosure Statement by CBS Corporation. National Amusements, Inc., NAI Entertainment Holdings LLC, and GAMCO Investors, Inc. added as Other Affiliate. (Flom, Joel) Modified on 7/23/2019 to add other affiliates - NEF Regenerated. (js) |
| Filing 44 SUPPLEMENT (Affidavit of David M. Sornsin) to Exhibit Y at Document #2 Affidavit of Heather Neubauer by Building Sprinkler Company, Inc. (Neubauer, Heather) Modified on 7/23/2019 clarify docket text. (js) |
| Filing 43 Corporate Disclosure Statement by Honeywell, Inc.. (Flom, Joel) |
| Filing 42 Corporate Disclosure Statement by Union Carbide Corporation identifying Corporate Parent Dow Chemical Company for Union Carbide Corporation.. (Dynes, Jane) |
| Filing 41 NOTICE of Appearance by Jane L. Dynes on behalf of Union Carbide Corporation (Dynes, Jane) |
| Filing 40 Corporate Disclosure Statement by Bayer CropScience, Inc. identifying Corporate Parent Bayer CropScience Holding SA, Corporate Parent Bayer AG for Bayer CropScience, Inc... (Dynes, Jane) |
| Filing 39 NOTICE of Appearance by Jane L. Dynes on behalf of Bayer CropScience, Inc. (Dynes, Jane) |
| Filing 38 Corporate Disclosure Statement by Industrial Contractors, Inc.(a North Dakota corporation) identifying Corporate Parent Jamar Company, The for Industrial Contractors, Inc... (Thibodeau, Matthew) |
| Filing 37 NOTICE of Appearance by Matthew R. Thibodeau on behalf of Industrial Contractors, Inc.(a North Dakota corporation) (Thibodeau, Matthew) (Main Document 37 replaced on 7/19/2019 with non-fillable PDF. NEF Regenerated.) (as) |
| Filing 36 ANSWER to Complaint with Jury Demand , CROSSCLAIM against All Parties by Industrial Contractors, Inc.(a North Dakota corporation).(Thibodeau, Matthew) |
| Filing 35 NOTICE of Appearance by David E. Scouton on behalf of Whittier Filtration, Inc. (Scouton, David) |
| Filing 34 ANSWER to Complaint (Notice of Removal) by Whittier Filtration, Inc.. (Scouton, David) |
| DOCKET CORRECTION re: #21 NOTICE of Appearance. Clerks office replaced document with non-fillable pdf; #24 NOTICE of Appearance. Clerks office replaced document with non-fillable pdf. (js) |
| Filing 33 Corporate Disclosure Statement by Rite-Hite Corporation identifying Other Affiliate Ductsox Corporation, Other Affiliate Rite-Hite Company, LLC, Other Affiliate Frommelt Safety Products for Rite-Hite Corporation.. (Salmen, Joanna) |
| Filing 32 Corporate Disclosure Statement by General Engineering Development Corporation identifying Corporate Parent Fischbach, LLC for General Engineering Development Corporation.. (Parrington, Jon) |
| Filing 31 NOTICE of Appearance by Jon P. Parrington on behalf of General Engineering Development Corporation (Parrington, Jon) |
| Filing 30 Corporate Disclosure Statement by Goodrich Corporation identifying Corporate Parent United Technologies Corporation for Goodrich Corporation.. (Parrington, Jon) |
| Filing 29 NOTICE of Appearance by Jon P. Parrington on behalf of Goodrich Corporation (Parrington, Jon) |
| Filing 28 Corporate Disclosure Statement by Fargo-Moorhead Insulation Company. (Parrington, Jon) |
| Filing 27 NOTICE of Appearance by Jon P. Parrington on behalf of Fargo-Moorhead Insulation Company (Parrington, Jon) |
| Filing 26 Corporate Disclosure Statement by RCH Newco II, LLC identifying Other Affiliate H.H. Robertson Company, Other Affiliate Robertson Ceco Corporation for RCH Newco II, LLC.. (Salmen, Joanna) |
| Filing 25 Corporate Disclosure Statement by Paul W. Abbott Company, Inc.(a foreign corporation). (Thibodeau, Matthew) |
| Filing 24 NOTICE of Appearance by Matthew R. Thibodeau on behalf of Paul W. Abbott Company, Inc.(a foreign corporation) (Thibodeau, Matthew) (Main Document 24 replaced on 7/16/2019 with non-fillable pdf - NEF Regenerated) (js). |
| Filing 23 ANSWER to Complaint with Jury Demand , CROSSCLAIM against All Defendants by Paul W. Abbott Company, Inc..(Thibodeau, Matthew) |
| Filing 22 Corporate Disclosure Statement by Northwest Iron Fireman, Inc.. (Thibodeau, Matthew) |
| Filing 21 NOTICE of Appearance by Matthew R. Thibodeau on behalf of Northwest Iron Fireman, Inc. (Thibodeau, Matthew) (Main Document 21 replaced on 7/16/2019 with non-fillable pdf - NEF Regenerated). (js) |
| Filing 20 ANSWER to Complaint with Jury Demand , CROSSCLAIM against All Defendants by Northwest Iron Fireman, Inc..(Thibodeau, Matthew) |
| Filing 19 Corporate Disclosure Statement by Zurn Industries, LLC identifying Corporate Parent Rexnord LLC, Other Affiliate Zurn Industries, Inc. for Zurn Industries, LLC.. (Salmen, Joanna) |
| Filing 18 Corporate Disclosure Statement by Owens-Illinois, Inc.. (Tierney, Patrick) |
| Filing 17 NOTICE of Appearance by Patrick T. Tierney on behalf of Owens-Illinois, Inc. (Tierney, Patrick) |
| Filing 16 Corporate Disclosure Statement by Weil McLain Company identifying Other Affiliate The Marley Company, LLC, Other Affiliate SPX Corporation, Other Affiliate The Marley-Wylain Company, Other Affiliate United Dominion Industries, Inc. for Weil McLain Company.. (Mohr, Jason) |
| Filing 15 Corporate Disclosure Statement by Cleaver Brooks identifying Corporate Parent Cleaver Holdings, Inc. for Cleaver Brooks.. (Mohr, Jason) |
| Filing 14 Corporate Disclosure Statement by Singer Safety Company. (Harvey, Elena) |
| Filing 13 Corporate Disclosure Statement by Goodyear Tire & Rubber Company identifying Other Affiliate BlackRock, Inc., Other Affiliate The Vanguard Group, Inc. for Goodyear Tire & Rubber Company.. (Harvey, Elena) |
| Filing 12 AFFIDAVIT of Certification of Identity of Manufacturer by Walker Jamar Company. (Leighton, Richard) |
| Filing 11 ANSWER to Complaint (Notice of Removal) by Walker Jamar Company. (Leighton, Richard) |
| Filing 10 Corporate Disclosure Statement by Walker Jamar Company. (Leighton, Richard) |
| Filing 9 NOTICE of Appearance by Richard J. Leighton on behalf of Walker Jamar Company (Leighton, Richard) |
| DOCKET CORRECTION re: #8 Corporate Disclosure Statement. Clerks office added Corporate Parent: Lehman Brothers Holdings Inc. (js) |
| Filing 8 Corporate Disclosure Statement by Industrial Holdings Corporation identifying Corporate Parent Lehman Brothers Holdings Inc. for Industrial Holdings Corporation. (Wells, Roland) Modified on 7/8/2019 to add Corporate Parent - NEF Regenerated. (js) |
| Filing 7 NOTICE of Appearance by Roland John Wells, III on behalf of Industrial Holdings Corporation (Wells, Roland) |
| Filing 6 Corporate Disclosure Statement by AWT Air Company, Inc. identifying Other Affiliate Aqua Alliance Inc., Other Affiliate Research-Cottrell for AWT Air Company, Inc... (Brotten, Elizabeth) |
| Filing 5 Corporate Disclosure Statement by Goodin Company. (Brotten, Elizabeth) |
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Filing 3
ORDER for Rule 26(f) Planning Meeting and Rule 16(b) Scheduling Conference, and ORDER regarding resolution of Discovery Disputes by Magistrate Judge Alice R. Senechal. Scheduling Conference set for 8/20/2019 at 09:00 AM before Magistrate Judge Alice R. Senechal. (CS)
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| Filing 4 Corporate Disclosure Statement by Building Sprinkler Company, Inc. (as) |
| Filing 2 AFFIDAVIT of Heather H. Neubauer by Building Sprinkler Company, Inc. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Notice of Assignment and Case Number, #3 Exhibit C - Defendant Research-Cottrell, Inc., N/K/A AWT Air Company's Answer to Plaintiff's Complaint, #4 Exhibit D - Defendant Western Steel & Plumbing's Answer to Plaintiff's Complaint, #5 Exhibit E - Defendant Owens-Illinois Inc.'s Answer to Plaintiff's Complaint, #6 Exhibit F - Defendant McMaster-Carr Supply Company's Answer to Complaint, #7 Exhibit G - Defendant H.B. Fuller Company's Answer to Plaintiff's Complaint, #8 Exhibit H - Defendant Smith-Sharpe Company's Answer to Plaintiff's Complaint, #9 Exhibit I - Defendant Goodin Company's Answer to Plaintiff's Complaint, #10 Exhibit J - Defendant RCH Newco II, LLC, f/k/a Robertson Ceco Corporation an alleged successor to H.H. Robertson Company's Answer to Plaintiff's Complaint, #11 Exhibit K - Defendant Northern Plumbing Supply, Inc.'s Answer to Plaintiff's Complaint, #12 Exhibit L - Defendant Goodyear Tire & Rubber Company's Answer to Plaintiff's Complaint, #13 Exhibit M - Grinnell Corporation's Answer to Plaintiff's Complaint, #14 Exhibit N - Defendant Industrial Holdings Corporation f/k/a The Carborundum Company's Answer and Affirmative Defenses to Plaintiff's Complaint, #15 Exhibit O - Defendant Singer Safety Company's Answer to Plaintiff's Complaint, #16 Exhibit P - Defendant Exxon Mobil Corporation's Answer to Plaintiff's Complaint, #17 Exhibit Q - Defendant Zurn Industries, LLC'Ss Answer to Plaintiff's Complaint, #18 Exhibit R - Defendant CBS Corporation, a Delaware Corporation, F/K/A Viacom Inc., Successor by Merger to CBS Corporation, a Pennsylvania Corporation, F/K/A Westinghouse Electric Corporation's Answer to Plaintiff's Complaint, #19 Exhibit S - Defendant Fisher Controls International LLC's Answer to Plaintiff Complaint and Notice of Appearance of Jack Auger, #20 Exhibit T - Defendant Goodrich Corporation's Answer to Plaintiff's Complaint, #21 Exhibit U - Defendant General Engineering Development Corporation f/k/a Fuel Economy Engineering Company's Answer to Plaintiff's Complaint, #22 Exhibit V - Defendant Fargo Moorhead Insulation Company's Answer to Plaintiff Complaint and Affidavit of Jon P. Parrington Certifying Correct Identity of Manufacturer of Product, #23 Exhibit W - Defendant Marley-Wylain Company's (incorrectly Named as Weil McLain Company) Answer to Plaintiff Complaint, #24 Exhibit X - Defendant Hobart Brothers LLC, Formerly Hobart Brothers Company's Answer to Plaintiff Complaint, #25 Exhibit Y - Defendant Building Sprinkler Company, Inc.'s Answer and Demand for Trial by Jury to Plaintiff Complaint, #26 Exhibit Z - Defendant Union Carbide Corporation Answer to Plaintiff Complaint, #27 Exhibit AA - Defendant ITT Corporation/Bell & Gossett's Answer to Plaintiff Complaint, #28 Exhibit BB - Defendant Goulds Pumps LLC's Answer to Plaintiff Complaint, #29 Exhibit CC - Defendant Bayer CropScience, Inc.' s Answer to Plaintiff Complaint, #30 Exhibit DD - Defendant Praxair Distribution, Inc.'s Answer to Plaintiff Complaint, #31 Exhibit EE - Defendant Rite-Hite Company, LLC f/k/a Rite-Hite Corporation And Ductsox Corporation f/k/a Frommelt Safety Products, A Subsidiary Of Rite-Hite Company, LLC' s Answer to Plaintiff Complaint, #32 Exhibit FF - Defendant Honeywell, Inc.'s Answer to Plaintiff Complaint, #33 Exhibit GG - Defendant Sprinkmann Sons Corporation's Answer to Plaintiff Complaint, #34 Exhibit HH - Defendant Foster Products Corporation's Answer to Plaintiff Complaint, #35 Exhibit II - Defendant Burnham LLC's Answer to Plaintiff Complaint, #36 Exhibit JJ - Defendant Baker Manufacturing Company, LLC's Answer to Plaintiff Complaint, #37 Exhibit KK - Defendant Cleaver-Brooks, Inc.'s, Answer to Plaintiff Complaint)(as) |
| Filing 1 NOTICE OF REMOVAL by Building Sprinkler Company, Inc. from Cass County District Court, case number 09-2019-cv-1798. Filing fee $ 400 receipt number 319000381 filed by Building Sprinkler Company, Inc. (Attachments: #1 Exhibit 1 - Summons and Complaint, #2 Exhibit 2 - Work History of Terrence O'Shea, #3 Exhibit 3 - Deposition of Terrence O'Shea, #4 Exhibit 4 - Minot Air Force Base History, #5 Exhibit 5 - Bismarck Tribune article "To Break Ground For Base at Minot", #6 Exhibit 6 - Bismarck Tribune article "Kiewit Bids Low at Minot", #7 Exhibit 7 - Bismarck Tribune article "Iowa Firm Low on Minot Bids", #8 Exhibit 8 - Bismarck Tribune article "Minot Air Base Gets More Funds", #9 Exhibit 9 - Bismarck Tribune Article "Minot Air Base Bid Opening Set", #10 Exhibit 10 - Public Law 534 301, #11 Exhibit 11 - Public Law 765 301, #12 Exhibit 12 - Public Law 85-685, #13 Exhibit 13 - Public Law 87-554, #14 Exhibit 14 - Bismarck Tribune article "Minot Area Will Have ICBM Sites", #15 Exhibit 15 - Bismarck Tribune article "Minuteman Aide is Assigned, #16 Exhibit 16 - Bismarck Tribune article First Minuteman Property Bought from Kief Couple, #17 Exhibit 17 - Bismarck Tribune article "67 Million Low on Missile Work, #18 Exhibit 18 - The Impact of the Safeguard Antiballistic Missile System Construction on Northeastern North Dakota, #19 Exhibit 19 - Perimeter Acquisition Radar Attack Characterization System, #20 Exhibit 20 - SMDC History: Construction to begin on RSLs, #21 Exhibit 21 - SMDC History: Army Accepts Safeguard System, #22 Exhibit 22 - Cavalier Air Force Station: Instant to Watchful Instant, #23 Exhibit 23 - SMDC History: The Armys newest post, #24 Exhibit 24 - Minot Air Force Base, Minot, North Dakota, Specifications for SAC Missile Facility, Invitation Serial No. Eng. 25-066-59-140, #25 Exhibit 25 - Deposition of William Sornsin, 6/30/1987, #26 Exhibit 26 - Deposition of William Sornsin, 9/28/1983, #27 Exhibit 27 - Deposition of Herbert Gartner, 8/21/1991, #28 Exhibit 28 - Deposition of Andrew I. Olerud, Jr., 1/18/1983, #29 Exhibit 29 - Deposition of Andrew I. Olerud, Jr. 12-05-1991, #30 Exhibit 30 - Deposition of J. Nodsle, 1/25/1983, #31 Exhibit 31 - Deposition of James Matthews, 3/23/1982, #32 Exhibit 32 - Deposition of James Matthews, 3/24/1982, #33 Exhibit 33 - Deposition of Rudolph Opp, 10/15/1991, #34 Exhibit 34 - Deposition of Rudolph Opp, 7/18/1994, #35 Exhibit 35 - Deposition of Bruce Bergson, 7/18/2000, #36 Exhibit 36 - Deposition of Andrew I. Olerud, Jr. dated February 21, 1991, #37 Exhibit 37 - Declaration of Kyle Dotson, #38 Exhibit 38 - MilSpec-C-28610, #39 Exhibit 39 - Military Standard Marking for Shipment and Storage, MIL-STD-129C, #40 Exhibit 40 - Military Standard Marking for Shipment and Storage, MIL-STD-129C Change Notice 1, #41 Exhibit 41 - Military Standard Marking for Shipment and Storage, MIL-STD-129C Change Notice 3, #42 Exhibit 42 - Keene Corporations Response to Plaintiffs First Set of Interrogatories, #43 Exhibit 43 - Keene Corporations Response to Plaintiffs Interrogatories and Request for Production of Documents, #44 Exhibit 44 - Deposition of Noralf Tweit, 4/6/1982, #45 Civil Cover Sheet)(as) |
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