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CARROLL v. E ONE INC

No. 17-2183.

893 F.3d 139 (2018)

Gerald CARROLL; Kenneth Crosswhite; Ray Foster; Charles Hottinger; Lawrence Sheldrake; Richard Sheltra; Kevin Stuart; Christopher Turner; Robert Welch; William Whetzel; Terry Williams; Bern Cappelli, LLP v. E ONE INC.; Pierce Manufacturing Inc.; Seagrave Fire Apparatus LLC; Federal Signal Corporation Gerald Carroll; Kenneth Crosswhite; Ray Foster; Charles Hottinger; Lawrence Sheldrake; Richard Sheltra; Kevin Stuart; Christopher Turner; Robert Welch; William Whetzel; Terry Williams; Bern Cappelli, LLP, Appellants

United States Court of Appeals, Third Circuit.

Filed: June 20, 2018.

Attorney(s) appearing for the Case

Joseph J. Cappelli [ARGUED], Shawn M. Sassaman , Bern Cappelli, 101 West Elm Street, Suite 630, Conshohocken, PA 19428, Counsel for Appellants.

Wayne A. Graver , Michael F. McKeon , Lavin O'Neil Cedrone & DiSipio, 190 North Independence Mall West, Suite 500, Philadelphia, PA 19106, Jan P. Miller [ARGUED], Thompson Coburn, One U.S. Bank Plaza, St. Louis, MO 63101, Counsel for Appellee.

Before: SMITH, Chief Judge, HARDIMAN, and ROTH, Circuit Judges.

OPINION

Plaintiffs are firefighters who allege that they suffered hearing losses caused by the loud noise emitted by a manufacturer's fire sirens. A perfunctory investigation conducted by the manufacturer during discovery revealed the firefighters' lawsuit to be clearly time-barred, and also revealed that one firefighter...

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