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ATWELL v. JOHN CRANE, INC.

No. 2892 EDA 2008

986 A.2d 888 (2009)

Thomas F. ATWELL, Jr., Executor of the Estate of Thomas F. Atwell, Deceased, Appellee v. JOHN CRANE, INC., Appellant.

Superior Court of Pennsylvania.

Filed December 17, 2009.

Attorney(s) appearing for the Case

Michael A. Pollard, Chicago, IL, and William R. Adams, Philadelphia, for appellant.

Robert E. Paul, Philadelphia, for appellee.

BEFORE: FREEDBERG, CLELAND and KELLY, JJ.

OPINION BY KELLY, J.:

¶ 1 This is an appeal from the judgment of $150,000 in favor of Appellee/plaintiff below in an action based on claims of strict liability stemming from the death of Appellee's decedent from lung cancer. The question raised by Appellant is whether the litigation of state tort claims based on work related asbestos exposure is preempted by federal law where the employment, and thus the exposure, occurs in a railroad maintenance facility. We...

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