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DEPT. OF GEN. SERV. v. U.S. MINERAL PROD.

809 A.2d 994 (2002)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF GENERAL SERVICES, Pennsylvania Department of Transportation, Pennsylvania Public Utility Commission, Pennsylvania Emergency Management Agency, and Pennsylvania Department of State, Plaintiffs v. UNITED STATES MINERAL PRODUCTS COMPANY, Certainteed Corporation, Courtaulds Aerospace, Inc., Chemrex, Inc., Philips Electronics North America Corporation, Advance Transformer Company, and Monsanto Company, Defendants. Commonwealth of Pennsylvania, Department of General Services, Pennsylvania Department of Transportation, Pennsylvania Public Utility Commission, Pennsylvania Emergency Management Agency, and Pennsylvania Department of State, Plaintiffs v. United States Mineral Products Company, Defendant.

Commonwealth Court of Pennsylvania.

Publication Ordered November 1, 2002.

Attorney(s) appearing for the Case

Thomas W. Henderson, Pittsburgh and Kenneth B. McClain, Independence, MO, for plaintiffs.

Thomas M. Goutman, Philadelphia, for defendant, Monsanto Company.

Kenneth R. Neal, Hartford, CT, for defendant, U.S. Mineral Products Co.

Joyce S. Meyers, Philadelphia, for defendant, Courtaulds Aerospace, Inc.

BEFORE: MIRARCHI, Jr., Senior Judge.

OPINION BY Senior Judge MIRARCHI.

On August 23, 2000, the jury returned a verdict in favor of Courtaulds Aerospace, Incorporated, finding that the caulk it manufactured was not defective. On September 11, 2000, Plaintiffs filed a motion for a new trial against Courtaulds alleging that the Court made the following legal errors: (1) The Court erred in refusing Plaintiffs' proposed Point for Charge No. 34, and precluding relevant...

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