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RESTORATION PRESERVATION MASONRY v. GROVE EUROPE

Nos. 01-1512, 01-1513, 01-1514, 01-1515.

325 F.3d 54 (2003)

RESTORATION PRESERVATION MASONRY, INC., in its own capacity and as subrogee of Dunlop Equipment Co., Inc.; Dunlop Equipment Co., Inc., Plaintiffs, Appellees, v. GROVE EUROPE LTD.; Grove Worldwide Co., Inc.; Bronto Skylift; BET, PLC & PTP, Ltd; Federal Signal Corp.; Federal Signal Corp. (Finland) Oy Ab, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided April 1, 2003.

Attorney(s) appearing for the Case

John A. Sakakeeny, with whom were Stephen W. Sutton and Sutton & Sakakeeny, LLP, on brief for appellee Restoration Preservation Masonry, Inc.

Edward L. Kirby, Jr., Lauren A. Boice, and Edward L. Kirby, Jr. & Assoc., were on brief for appellee Dunlop Equipment Co., Inc.

Barry Weiner, with whom were Christopher P. Litterio, and Ruberto, Israel & Weiner, P.C., on brief for appellants Federal Signal Corp. and Federal Signal Corp. (Finland) Oy Ab.

David A. Hilton, with whom was Morrison, Mahoney & Miller, on brief for appellants Bronto Skylift, Grove Europe, Ltd. and Grove Worldwide Co., Inc.

James P. Donohue, with whom was Sloan & Walsh, on brief for appellants BET, PLC and PTP, Ltd.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

LYNCH, Circuit Judge.

In 1993, there was a tragic construction accident caused by a collapsing mast climber — mechanized scaffolding equipment with a mobile work platform that can hydraulically ascend a mast — leaving one man dead and another with a life of pain and paralysis. The families were paid approximately $8 million; the money came from Restoration Preservation Machinery, Inc. ("RPM") and Dunlop Equipment Co., Inc. ("Dunlop"). These two companies...

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