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COM. v. UNITED STATES MINERAL PRODUCTS CO.

809 A.2d 1000 (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.

OPINION BY Senior Judge MIRARCHI.

In August, 1990, the Department of General Services commenced an action against United States Mineral Products Company (U.S. Mineral) for damages arising out of alleged asbestos contamination of the Transportation and Safety Building (T & S Building) in Harrisburg.1 In February, 1996, the Department of General Services and the Department of Transportation...

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