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PAPP v. FORE-KAST SALES CO., INC.

No. 15-2851.

842 F.3d 805 (2016)

Steven PAPP, individually and as Executor and Executor as Prosequendum of the Estate of Mary Sue Papp v. FORE-KAST SALES CO., INC.; Honeywell International, Inc., f/k/a Allied Signal, Inc., as successor-in-interest to the Bendix Corporation; New Brunswick Plating Co., f/k/a New Brunswick Nickel and Chrome Plating; Union Carbide Corporation; John Doe Corporations 1-50; John Doe Corporations 51-100; Goodrich Corp., f/k/a B.F. Goodrich Co.; The Goodyear Tire & Rubber Co.; The Boeing Company, individually and as successor by merger to the McDonnell Douglas Corporation. The Boeing Company, Appellant.

United States Court of Appeals, Third Circuit.

Filed: November 22, 2016.

Attorney(s) appearing for the Case

Amaryah K. Bocchino , Jason A. Cincilla , Bryan P. Smith , Manion Gaynor & Manning, 1007 N. Orange Street, Tenth Floor, Wilmington, DE 19801, Martin F. Gaynor, III , [ARGUED], Nicholas D. Stellakis , Manion Gaynor & Manning, 125 High Street, Boston, MA 02110, Brian D. Gross , Manion Gaynor & Manning, One Citizens Plaza, Suite 620, Providence, RI 02903, Marc S. Gaffrey , Hoagland Longo Moran Dunst & Doukas, 40 Paterson Street, P.O. Box 480, Room 301, New Brunswick, NJ 08903, Counsel for Appellant, Boeing Co.

Jeffrey P. Blumstein [ARGUED], Robert E. Lytle , Robert G. Stevens, Jr. , Szaferman Lakind Blumstein & Blader, 101 Grovers Mill Road, Suite 200, Lawrenceville, NJ 08649, Joseph J. Mandia , Levy Konigsberg , 800 Third Avenue, 13th Floor, New York, NY 10022, Counsel for Appellee.

Before: JORDAN, VANASKIE, and KRAUSE, Circuit Judges.

OPINION OF THE COURT

Steven Papp filed this failure-to-warn product liability suit against The Boeing Company in the Superior Court of New Jersey, alleging that his late wife, Mary,1 was made ill by exposure to asbestos from a Boeing aircraft. Boeing removed Papp's failure-to-warn suit...

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