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COM., DEPT. OF GENERAL SERVICES v. U.S. MINERAL PRODUCTS CO.

No. 60 MAP 2007.

956 A.2d 967 (2008)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF GENERAL SERVICES, Pennsylvania Department of Transportation, Pennsylvania Public Utility Commission, Pennsylvania Emergency Management Agency, and Pennsylvania Department of State, Appellants v. UNITED STATES MINERAL PRODUCTS COMPANY, CertainTeed Corporation, Courtaulds Aerospace, Inc., Chemrex, Inc., Phillips Electronics North America Corporation, Advance Transformer Company, and Monsanto Company, Appellees.

Supreme Court of Pennsylvania.

Decided September 26, 2008.

Attorney(s) appearing for the Case

Maryanne Mueller Lewis, Esq., Kenneth B. McClain, Esq., Tybe Ann Brett, Esq., Thomas W. Henderson, Esq., PA Office of Attorney General, for COM of PA, DGS, DOT, PUC, PEMA and DOS.

Kim Kocher, Esq., Thomas Marsh Goutman, Esq., White and Williams, L.L.P., Philadelphia, for Monsanto Company.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.

OPINION

Justice SAYLOR.

Our present review is of a retrial of a product liability action arising out of chemical contamination at the former Transportation and Safety Building in the Capitol Complex in Harrisburg.

The background is set forth at length in the Court's initial decision in Pennsylvania Department of General Services. v. U.S. Mineral Products Corp., 587 Pa. 236, 898 A.2d 590 (2006) (...

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