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PAZ v. BRUSH ENGINEERED MATERIALS INC.

No. 08-60085.

555 F.3d 383 (2009)

George PAZ et al., Plaintiffs, v. BRUSH ENGINEERED MATERIALS, INC, et al., Defendants. Joseph P. Harris, et al., Plaintiffs-Appellants, v. Brush Wellman Inc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 13, 2009.

Attorney(s) appearing for the Case

Ruben Honik (argued), Stephan Matanovic, Golomb & Honik, Philadelphia, Randall Alan Smith, Smith & Fawer, New Orleans, LA, Hiawatha Northington, II, Smith & Fawer, LLC, Ridgeland, MS, for plaintiffs-appellants.

Jeffery Ubersax (argued), Jones Day, Cleveland, OH, Paul H. Stephenson, III, Watkins & Eager, Jackson, MS, for Brush Wellman, Inc.

Timothy Dale Crawley, Brian A. Hinton, Anderson, Crawley & Burke, Ridgeland, MS, for Wess-Del, Inc.

V.L. Woolston, Perkins Coie, Seattle, WA, Ray D. Campbell, III, Bradley, Arant, Rose & White, Jackson, MS, for Boeing Co.

Before JONES, Chief Judge, JOLLY, Circuit Judge, and MONTALVO, District Judge.

MONTALVO, District Judge:

In this negligence, product liability, and breach of warranty case, Joseph Harris ("Harris"), Terry Lemon ("Lemon"), Marlin Moran ("Moran"), Rodney Sorapuru ("Sorapuru"), and Alvin Pittman, Sr. ("Pittman") (collectively, "employees") alleged Brush Wellman Inc.'s ("Brush") beryllium-containing products, which Brush sold to The Boeing Company ("Boeing") to use at the Stennis Space Center, in Stennis, Mississippi, caused the employees personal...

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