Jack et al v. Asbestos Corporation Ltd et al
Plaintiff: Patrick Jack and Leslie Jack
Defendant: Asbestos Corporation Ltd, Air & Liquid Systems Corporation, Armstrong International Inc, Aurora Pump Company, Autosales Incorporated, Borg-Warner Morse Tec LLC, Carrier Corporation, CBS Corporation, Crane Co, Crosby Valve Inc, Crown Cork & Seal Company Inc, Flowserve US Inc, Ford Motor Company, Foster Wheeler Energy Corporation, Gardner-Denver Inc, General Electric Company, Genuine Parts Company, Goulds Pumps Inc, Hennessy Industries Inc, Honeywell International Inc, IMO Industries Inc, Ingersoll Rand Company, John Crane Inc, Kelsey-Hayes Company, MeadWestvaco Corporation, Metropolitan Life Insurance Company, The Nash Engineering Company, Parker-Hannifin Corporation, Pneumo Abex LLC, Standard Motor Products Inc, Union Pacific Railroad Company, Uniroyal Holding Inc, Velan Valve Corporation, Viad Corporation, Warren Pumps LLC, Weir Valves & Controls USA Inc and The William Powell Company
Case Number: 2:2017cv00537
Filed: April 6, 2017
Court: US District Court for the Western District of Washington
Office: Seattle Office
County: Kitsap
Presiding Judge: Brian A Tsuchida
Nature of Suit: Asbestos Personal Injury Product Liability
Cause of Action: 28:1332
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
May 28, 2019 Opinion or Order Filing 830 ORDER granting Defendant Dana Companies, LLC's 816 Motion for Judgment; granting Defendant Ford Motor Company's 817 Motion for Judgment. Signed by Judge James L. Robart. (SWT)
January 8, 2019 Opinion or Order Filing 829 ORDER denying Plaintiffs' 803 Motion for Entry of Final Judgment, signed by Judge James L. Robart. (SWT)
October 25, 2018 Opinion or Order Filing 804 MINUTE ORDER re: 791 Jury Verdict. The jury reached a verdict on Plaintiffs Leslie Jack and David Jack's product liability design defect claims and product liability failure-to-warn claims, but did not reach a verdict on Plaintiffs' negligence claims. The court therefore declares a MISTRIAL on Plaintiffs' negligence claims. Authorized by Judge James L. Robart. (PM)
September 30, 2018 Opinion or Order Filing 753 ORDER denying Plaintiffs' 714 Motion for reconsideration and stay of its order granting summary judgment to Union Pacific. Signed by Judge James L. Robart. (PM)
September 26, 2018 Opinion or Order Filing 736 AMENDED MINUTE ORDER authorizing food and liquids to be brought into the courthouse during trial, entered upon the authority of Judge James L. Robart. (cc: Courthouse Security Officers) (AD)
September 25, 2018 Opinion or Order Filing 722 MINUTE ORDER authorizing food and liquids to be brought into the courthouse during trial, entered upon the authority of Judge James L. Robart. (cc: Courthouse Security Officers) (AD)
September 24, 2018 Opinion or Order Filing 720 ORDER directing Defendant Union Pacific Railroad to respond to Plaintiffs' 714 MOTION for Reconsideration no later than September 27, 2018. Clerk directed to re-note Plaintiff's 714 Motion for Reconsideration to September 27, 2018. Signed by Judge James L. Robart. (PM)
September 20, 2018 Opinion or Order Filing 712 ORDER granting Plaintiffs' 703 Motion for Modification of Exhibit Limitation, Equal Application Thereto, and Offer of Proof. Signed by Judge James L. Robart. (PM)
September 18, 2018 Opinion or Order Filing 708 STIPULATION AND ORDER dismissing without prejudice Plaintiffs' action against defendant Viad Corp., without costs to be awarded; re parties' 702 Stipulation. In the event settlement is not perfected, either party may move to reopen the case, provided such motion is filed within 60 days of the date of this Order. Signed by Judge James L. Robart. (SWT)(Viad Corporation terminated.)
September 17, 2018 Opinion or Order Filing 706 ORDER granting in part and denying in part Defendant Ford's motion for partial summary judgment (Dkt. # 449 ), granting Defendant Union Pacific's motion for summary judgment (Dkt. # 476 ), and granting in part and denying in part Defendan t Borg-Warner's motion for summary judgment (Dkt. # 518 ). The court further GRANTS in part and DENIES in part Plaintiffs' motions for partial summary judgment on the affirmative defenses asserted by DCo (Dkt. # 503 ), Ford (Dkt. # 505 ), and Borg-Warner (Dkt. # 507 ). Finally, the court DENIES as moot Plaintiffs' motion for partial summary judgment on the affirmative defenses asserted by Union Pacific (Dkt. # 509 ). Signed by Judge James L. Robart. (PM)
August 29, 2018 Opinion or Order Filing 677 STIPULATION AND ORDER modifying the settlement conference deadline from 8/16/2018 to 9/7/2018. Signed by Judge James L. Robart. (PM)
August 27, 2018 Opinion or Order Filing 669 STIPULATION AND ORDER excusing attorney R. Thomas Radcliff from attendance at the September 17, 2018 Pretrial Conference. Signed by Judge James L. Robart. (PM)
August 16, 2018 Opinion or Order Filing 648 ORDER denying as moot Defendant Ford Motor Co.'s and Defendant Honeywell International Inc.'s pending motions to exclude Mr. Johnson. (Ford MTE Johnson (Dkt. # 466 ); Honeywell MTE Johnson (Dkt. # 488 ).) Signed by Judge James L. Robart. (TH)
August 10, 2018 Opinion or Order Filing 628 ORDER granting Defendant Ford Motor Company 464 Motion to Exclude Certain Testimony of Charles Cushing and DENYING the other motions to exclude (Dkt. ## 456 , 461 , 463 , 465 , 470 , 483 , 490 , 497 , 511 , 516 ). The court further DENIES Plaintiffs motion to extend the discovery deadline (Dkt. # 567 ) as moot. Signed by Judge James L. Robart. (TH)
August 9, 2018 Opinion or Order Filing 626 STIPULATION AND ORDER Dismissing Defendant Goulds Pumps, LLC re parties' 625 Stipulation. It is ORDERED, ADJUDGED and DECREED that Plaintiffs' action against Defendant, Goulds Pumps, LLC, only, is hereby dismissed with prejudice, no costs to be awarded. Signed by Judge James L. Robart. (TH)
August 7, 2018 Opinion or Order Filing 622 STIPULATION AND ORDER of Dismissal as to Defendant Metropolitan Life Insurance Company re parties' 603 Stipulation. IT IS HEREBY ORDERED that all claims against Metropolitan Life Insurance Company are hereby dismissed without prejudice and without costs. Signed by Judge James L. Robart. (TH)
August 3, 2018 Opinion or Order Filing 583 STIPULATION AND ORDER dismissing with prejudice all of Plaintiffs' claims against Defendant Asbestos Corporation Ltd re: 580 Stipulation. Signed by Judge James L. Robart. (PM)
August 2, 2018 Opinion or Order Filing 579 STIPULATION AND ORDER OF DISMISSAL with prejudice of Defendant General Electric Company re: 577 Stipulation. Signed by Judge James L. Robart. (PM)
July 31, 2018 Opinion or Order Filing 575 STIPULATION AND ORDER for Extension of Time to Respond to Defendant Ford Motor Company's Motion for Summary Judgment re parties' 574 Stipulated Motion. The Court ORDERS that the deadline for Plaintiffs to file their Response to Ford Moto r Company's Motion for Partial Summary Judgment is extended from the current deadline of July 30, 2018 to August 6, 2018. The Court DIRECTS the Clerk to renote Ford Motor Company's motion (Dkt. No. 499 ) for August 10, 2018. Signed by Judge James L. Robart. (TH)
July 30, 2018 Opinion or Order Filing 558 STIPULATION AND ORDER of Dismissal Without Prejudice of Defendant Warren Pumps, LLC re parties' 552 Stipulation. Plaintiffs' claims and causes of action against Warren Pumps, LLC only, are DISMISSED without prejudice and without costs to any party, reserving to Plaintiff all claims against other parties. Signed by Judge James L. Robart. (TH)
July 18, 2018 Opinion or Order Filing 521 ORDER granting Defendant BorgWarner Morse TEC LLC.'s 494 Motion to Withdraw and Substitute Appearance of Law Firm. The law firm of Selman Breitman is granted leave to withdraw and the law firm of Bennett Bigelow & Leedom is substituted as counsel for Defendant BorgWarner Morse TEC LLC. Signed by Judge James L. Robart. Clerk to request attorney admissions clerk update Richard D. Ross' address. (PM)
July 17, 2018 Opinion or Order Filing 520 STIPULATION AND ORDER of Dismissal as to Defendant MeadWestvaco Corporation (M.W. Custom Papers LLC) re parties' 479 Stipulation. Plaintiffs' claims against defendant M.W. Custom Papers LLC are dismissed without prejudice, reserving to plaintiffs their claims against all other parties. Signed by Judge James L. Robart. (TH)
July 9, 2018 Opinion or Order Filing 448 STIPULATION AND ORDER of Dismissal of Foster Wheeler LLC re parties' 447 Stipulation. All of Plaintiff's claims against Foster Wheeler LLC only are hereby dismissed with prejudice and without costs as to any party. The pending motion for summary judgment (Dkt No. # 430 ) is denied as moot. Signed by Judge James L. Robart. (TH)
July 3, 2018 Opinion or Order Filing 443 STIPULATION AND ORDER dismissing without prejudice Plaintiff's claims against Defendant Flowserve US Inc. Flowserve US Inc.'s 437 MOTION for Summary Judgment is denied as moot. Signed by Judge James L. Robart. (PM)
June 29, 2018 Opinion or Order Filing 441 STIPULATION AND ORDER dismissing Defendant IMO Industries Inc. with prejudice and without costs to either party. Signed by Judge James L. Robart. (PM)
June 27, 2018 Opinion or Order Filing 439 STIPULATION AND ORDER dismissing Plaintiffs' claims against Defendant Velan Valve Corporation without prejudice. Signed by Judge James L. Robart. (PM)
June 22, 2018 Opinion or Order Filing 434 ORDER granting Plaintiffs' 402 Motion for Extension of Time to Disclose the Opinions of Experts Dr. Ronald E. Gordon and Dr. Carl A. Brodkin Regarding Tissue Digestion. The deadline to disclose Dr. Gordon's opinion and Dr. Brodkin's supplemental opinion is extended to June 11, 2018. Signed by Judge James L. Robart. (TH)
June 14, 2018 Opinion or Order Filing 421 STIPULATION AND ORDER for Extension of Time re defendants Ingersoll Rand and Velan Vale Corporation's 417 Stipulation; the discovery deadline for the deposition of expert Gail Stockman is EXTENDED to 6/22/2018, by Judge James L. Robart. (SWT)
June 13, 2018 Opinion or Order Filing 415 ORDER dismissing Defendant Crosby Valve, LLC without prejudice per 413 Stipulated Motion. Signed by Judge James L. Robart. (PM)
June 12, 2018 Opinion or Order Filing 412 STIPULATION AND ORDER dismissing without prejudice all Plaintiff's claims and causes of action against Defendant Gardner-Denver Inc. Signed by Judge James L. Robart. (PM)
June 7, 2018 Opinion or Order Filing 400 STIPULATION AND ORDER dismissing Plaintiffs' claims against Defendant John Crane Inc. without prejudice. Signed by Judge James L. Robart. (PM)
June 1, 2018 Opinion or Order Filing 395 ORDER granting Defendant BorgWarner Morse Tec, Inc.'s 380 Motion to Extend Deadline to Serve Written Discovery Upon Plaintiffs. Defendant BorgWarner has until May 22, 2018 to serve its Interrogatories, Requests for Production and Requests for Admission on Plaintiffs. Plaintiffs will have 30 days to respond to the written discovery. Signed by Judge James L. Robart. (PM)
May 24, 2018 Opinion or Order Filing 385 STIPULATION AND ORDER of Dismissal as to Defendant Nash Engineering Company re parties' 382 Stipulation; denying as moot Defendant Nash Engineering Company's 360 Motion for Summary Judgment, signed by Judge James L. Robart.(SWT) (The Nash Engineering Company terminated)
May 17, 2018 Opinion or Order Filing 368 STIPULATION AND ORDER of Dismissal as to Defendant Carrier Corporation re parties' 367 Stipulation. The Court hereby ORDERS that all claims against defendant Carrier Corporation only are hereby dismissed with prejudice and without costs to any party. Signed by Judge James L. Robart. (TH)
May 16, 2018 Opinion or Order Filing 365 STIPULATION AND ORDER of Dismissal of Weir Valves & Controls USA, Inc. re parties' 363 Stipulation. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that plaintiffs' claims against defendant Weir Valves & Controls USA, Inc. d/b/a Atwoo d & Morrill Co., Inc., are dismissed in their entirety with prejudice and without costs to either party, reserving to plaintiffs all of plaintiffs' right of action, claims, and demands against any and all other parties. Signed by Judge James L. Robart. (TH)
May 4, 2018 Opinion or Order Filing 356 STIPULATION AND ORDER Dismissing Defendant Armstrong International, Inc. re parties' 355 Stipulation. The Court ORDERS that all claims brought against defendant Armstrong International, Inc., are dismissed without prejudice and without an award of attorneys' fees, expenses or costs to any party. Signed by Judge James L. Robart. (TH)
April 27, 2018 Opinion or Order Filing 348 ORDER granting Defendant Crosby Valves' 284 Motion for Deadline Extension to Disclose Expert Witness Victor Roggli; granting all pending motions for joinder, 296 , 302 , 329 , 330 . Signed by Judge James L. Robart. (PM)
April 19, 2018 Opinion or Order Filing 338 STIPULATION AND ORDER dismissing Defendant Uniroyal Holding Inc. without prejudice. Signed by Judge James L. Robart. (PM)
April 9, 2018 Opinion or Order Filing 279 STIPULATION AND ORDER dismissing without prejudice all claims against Defendant Aurora Pump Company. Signed by Judge James L. Robart. (PM)
March 22, 2018 Opinion or Order Filing 273 ORDER granting Defendant Crosby Valves' 270 Motion to conduct fiber burden study. Signed by Judge James L. Robart. (PM)
March 21, 2018 Opinion or Order Filing 268 STIPULATION AND ORDER dismissing all claims without prejudice against Defendants Parker Hannifin Corporation and Standard Motor Products Inc. Signed by Judge James L. Robart. (PM)
February 22, 2018 Opinion or Order Filing 252 STIPULATION AND ORDER for filing of Second Amended Complaint re parties' 251 Stipulation; Plaintiffs may file without leave of court a Second Amended Complaint, by Judge James L. Robart. (SWT)
February 21, 2018 Opinion or Order Filing 250 STIPULATION AND ORDER OF DISMISSAL without prejudice as to Defendant Autosales Incorporated. Signed by Judge James L. Robart. (PM)
December 22, 2017 Opinion or Order Filing 247 ORDER granting 245 Motion to Withdraw as Attorney. Attorney Barry Neal Mesher, Alice Coles Serko and Sedgwick LLP are terminated as counsel for Crosby Valve, LLC. Signed by Judge James L. Robart. (PM)
November 13, 2017 Opinion or Order Filing 234 STIPULATION AND ORDER of Dismissal with Prejudice as to Crown Cork and Seal Company, Inc. Only; directing final judgment be entered dismissing all claims against the defendant; re parties' 233 Stipulated Motion, signed by Judge James L. Robart. (SWT) (Crown Cork & Seal Company Inc. terminated.)
October 25, 2017 Opinion or Order Filing 232 ORDER re: Examination. Dr. Carl Wigren to perform the autopsy on 10/26/2017 at 9:00 a.m., or as soon thereafter on that date as Dr. Wigren is able to begin the examination. Examination is to take place at Tuell-McKee Funeral and Cremation Services. Signed by Judge James L. Robart. (PM)
October 23, 2017 Opinion or Order Filing 230 ORDER granting Defendants' 207 Emergency MOTION for Preservation of Evidence and ordering parties to confer and submit a joint statement confirming details of the examination. Signed by Judge James L. Robart. (PM)
August 4, 2017 Opinion or Order Filing 189 ORDER granting Plaintiffs' 185 Motion for Leave to Amend Complaint. Signed by Judge James L. Robart. (PM)
June 22, 2017 Opinion or Order Filing 184 MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES by Judge James L. Robart; Length of Trial: *15 days*. Jury Trial is set for 10/15/2018 at 1:30 p.m. in Courtroom 14106 before Judge James L. Robart. Joinder of Parties due by 7/18/2017, Status Conf erence set for 3/21/2018 at 10:30 AM before Judge James L. Robart, Amended Pleadings due by 4/18/2018, Discovery completed by 6/18/2018, Dispositive motions due by 7/17/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/18/2 018, Motions due by 5/18/2018, Motions in Limine due by 9/4/2018, Pretrial Order due by 9/24/2018, Attorney settlement conference to be held by 8/16/2018, Voir dire/jury instructions/trial briefs due by 10/9/2018, Pretrial Conference set for 10/1/2018 at 02:00 PM before Judge James L. Robart. (AD)
June 9, 2017 Opinion or Order Filing 168 ORDER by Judge James L. Robart re deposition-related discovery. Plaintiffs, CBS, GE, and Foster Wheeler to file statements of no more than three (3) pages explaining the nature of the discovery dispute by Saturday, June 10, 2017, at 6:00 p.m.. The court further ORDERS Plaintiffs, CBS, GE, and Foster Wheeler to appear in person at a hearing on Monday, June 12, 2017, at 11:30 a.m. before Judge James L. Robart. (PM)
May 25, 2017 Opinion or Order Filing 149 ORDER TO SHOW CAUSE directing counsel for Defendant Goulds Pumps, LLC to show cause why the court should not issue a $1,500.00 monetary sanction for counsel's failure to appear at the May 23, 2017, hearing (Dkt. ## 126 , 140 ). Show Cause Response due by 6/2/2017, at 4:30 p.m. Court orders counsel for the Goulds to appear in person before the court on Monday, 6/5/2017, at 2:00 p.m. Signed by Judge James L. Robart. (PM)
May 24, 2017 Opinion or Order Filing 143 ORDER DIRECTING SUPPLEMENTAL BRIEFING by Judge James L. Robart re: subject matter jurisdiction. The court orders the Jacks to file a supplemental brief by Tuesday, May 30, 2017, at 12:00 p.m.; Hennessy and Crosby's response due by 6/2/2017 at 4:30 p.m.. The Jacks, Hennessy, and Crosby are ordered to appear in person for the hearing on June 5, 2017, at 2:00 p.m. (PM)
May 22, 2017 Opinion or Order Filing 126 ORDER regarding the court's subject matter jurisdiction on the basis of diversity of citizenship. The court ORDERS the Jacks to file a response addressing where all of LLC Defendants' members are domiciled. Response due by 5/23/2017 at 1:00 p.m. The court further ORDERS Goulds, M.W., Hennessy, and Crosby to participate in the May 23, 2017, hearing in person or telephonically. Signed by Judge James L. Robart. (PM)
May 18, 2017 Opinion or Order Filing 110 MINUTE ORDER Setting Hearing on Defendants CBS Corporation and Foster Wheeler Energy Corporation's 107 Motion for protective order quashing Plaintiff Jack's notice of deposition. Motion Hearing set for 5/23/2017 at 03:00 PM before Judge James L. Robart. The court orders CBS, Foster Wheeler, and Mr. Jack to appear in person for the hearing. Mr.Jack's Response due by 5/22/2017 by 5:00 p.m. No reply permitted. Authorized by Judge James L. Robart. (PM)
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Search for this case: Jack et al v. Asbestos Corporation Ltd et al
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Plaintiff: Patrick Jack
Represented By: Benjamin H. Adams(Designation Admission Pro Hac Vice)
Represented By: Thomas J. Breen
Represented By: Lucas W.H. Garrett
Represented By: Kristin M Houser
Represented By: William Joel Rutzick
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Plaintiff: Leslie Jack
Represented By: Benjamin H. Adams(Designation Admission Pro Hac Vice)
Represented By: Thomas J. Breen
Represented By: Lucas W.H. Garrett
Represented By: Kristin M Houser
Represented By: William Joel Rutzick
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Defendant: Asbestos Corporation Ltd
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Defendant: Air & Liquid Systems Corporation
Represented By: Barry Neal Mesher
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Defendant: Armstrong International Inc
Represented By: David E Chawes
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Defendant: Aurora Pump Company
Represented By: Jeanne F Loftis
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Defendant: Autosales Incorporated
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Defendant: Borg-Warner Morse Tec LLC
Represented By: Richard D Ross
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Defendant: Carrier Corporation
Represented By: Nicole R. MacKenzie
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Defendant: CBS Corporation
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Defendant: Crane Co
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Defendant: Crosby Valve Inc
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Defendant: Crown Cork & Seal Company Inc
Represented By: Barry Neal Mesher
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Defendant: Flowserve US Inc
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Defendant: Ford Motor Company
Represented By: Mark J Fucile
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Defendant: Foster Wheeler Energy Corporation
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Defendant: Gardner-Denver Inc
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Defendant: General Electric Company
Represented By: Erin P Fraser
Represented By: Christopher S Marks
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Defendant: Genuine Parts Company
Represented By: Jeanne F Loftis
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Defendant: Goulds Pumps Inc
Represented By: Ronald C Gardner
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Defendant: Hennessy Industries Inc
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Defendant: Honeywell International Inc
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Defendant: IMO Industries Inc
Represented By: James Edward Horne
Represented By: Michael Edward Ricketts
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Defendant: Ingersoll Rand Company
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Defendant: John Crane Inc
Represented By: Richard D Ross
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Defendant: Kelsey-Hayes Company
Represented By: Katherine M. Steele
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Defendant: MeadWestvaco Corporation
Represented By: Katherine M. Steele
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Defendant: Metropolitan Life Insurance Company
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Defendant: The Nash Engineering Company
Represented By: Dana C Kopij
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Defendant: Parker-Hannifin Corporation
Represented By: Nicole R. MacKenzie
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Defendant: Pneumo Abex LLC
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Defendant: Standard Motor Products Inc
Represented By: Nicole R. MacKenzie
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Defendant: Union Pacific Railroad Company
Represented By: Jeffrey M Odom
Represented By: Tim D. Wackerbarth
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Defendant: Uniroyal Holding Inc
Represented By: Chris Robert Youtz
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Defendant: Velan Valve Corporation
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Defendant: Viad Corporation
Represented By: Ronald C Gardner
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Defendant: Warren Pumps LLC
Represented By: Allen Eraut
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Defendant: Weir Valves & Controls USA Inc
Represented By: Dana C Kopij
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Defendant: The William Powell Company
Represented By: James D Hicks
Represented By: Brian Bernard Smith
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