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LEO v. KERR-McGEE CHEMICAL CORP.

No. 93-5730.

37 F.3d 96 (1994)

Elaine LEO, Administratrix of the Estate of Catherine M. Bekes, deceased, Administratrix Ad Prosequendum on behalf of the Estate of Thomas Bekes, deceased, and individually; Linda Yoder, individually v. KERR-MCGEE CHEMICAL CORPORATION, a Delaware Corporation, successor in interest to Welsbach Company and/or Welsbach Incandescent Gas Light Co., Lindsay Chemical Co., American Potash and Chemical Corp. and American Potash, an Illinois Corporation; U.G.I., f/k/a United Gas Improvement Company, a Pennsylvania Corporation; John Does 1-20; Robert Roes 1-20; James Joes 1-20; XYZ Corporation 1-20; Rheem Rudd, a corporation successor interest to City Investing Co., Rudd Waterheater Division and Rudd Manufacturing Company, Kerr-McGee Chemical Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 19, 1994.

Attorney(s) appearing for the Case

Thomas J. Hagner (argued), Freeman, Mintz, Hagner & Deiches, Haddonfield, NJ, for appellee.

Peter J. Nickles (argued), Coleman S. Hicks, Richard A. Meserve, Elliott Schulder, Caroline M. Brown, Covington & Burling, Washington, DC, for appellant.

BEFORE: GREENBERG and STAPLETON, Circuit Judges, and ATKINS, District Judge.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. FACTUAL AND PROCEDURAL HISTORY

This matter is before the court following entry of our order on November 30, 1993, granting defendant-appellant Kerr-McGee Chemical Corporation permission to appeal pursuant to 28 U.S.C. § 1292(b). We will reverse the order of the district court denying Kerr-McGee's motion for summary judgment entered on September 8, 1993, and we will remand the matter to the...

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