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SIMMERS v. AMERICAN CYANAMID CORP.

394 Pa.Super. 464 (1990)

576 A.2d 376

Sherrie SIMMERS and Robert A. Simmers, W/H and Robert S. Simmers a Minor, by His Parents and Natural Guardians, Sherrie Simmers and Robert A. Simmers, W/H v. AMERICAN CYANAMID CORPORATION, Tenneco, Inc., Tenneco Resin, Inc., Fellows Medical Manufacturing Company, Inc., Chromalloy American Corporation, Chromalloy Pharmaceutical, Inc., Forrest Pharmaceutical Laboratories, Inc., Heyden Products, Inc., the Children's Hospital of Philadelphia, Radiology Department of the Children's Hospital of Philadelphia, Rovena Spenser, M.D., C.E. Koop M.D. and Joseph Stokes, Jr., M.D. (Two Cases). Appeal of TENNECO RESINS, INC. (Two Cases). Robert J. BOYER, Individually and as Executor of the Estate of Marsha F. Boyer, Deceased v. CHILDREN'S HOSPITAL OF PHILADELPHIA, Heyden Products, American Cyanamid Corp, Tenneco, Inc., Tenneco Resin, Inc. (Formerly "Tenneco Chemical Co"), Fellows Medical Manufacturing Co., Inc., Chromalloy Pharmaceutical, Inc., Forrest Pharmaceutical Laboratories, Inc., Chromalloy American Corporation and Eugene B. Spitz, M.D. (Two Cases). Appeal of CHROMALLOY PHARMACEUTICAL, INC. (Two Cases).

Supreme Court of Pennsylvania.

Filed June 12, 1990.

Attorney(s) appearing for the Case

Norbert F. Bergholtz, Philadelphia, for Tenneco Resins, appellant (at 3433 and 3434) and appellee (at 3565 and 3566).

Joseph B. Mayers, West Conshohocken, for Chromalloy Pharmaceutical, appellant (at 3566).

Thomas F. Reilly, Philadelphia, for Simmers, appellees (at 3433 and 3565).

Michael Coren, Cherry Hill, New Jersey, for Boyer, appellee (at 3434 and 3566).

Before MONTEMURO, POPOVICH and CERCONE, JJ.

POPOVICH, Judge:

In this consolidated appeal, we are presented with a question of first impression in Pennsylvania — whether the forum-related contacts and actions of a predecessor corporation may be attributed to its successor for the purposes of establishing in personam jurisdiction.

Herein, appellants, Tenneco Resins, Inc. and Chromalloy Pharmaceutical, Inc., (hereafter "TRI" and "CPI" respectively) challenge the in personam jurisdiction of the Court...

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