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BRANDON v. ASBESTOS CORP.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


September 28, 1986

SUSAN G. BRANDON, Administratrix of the ESTATE OF WILLIE C. BRANDON, Deceased and SUSAN B. BRANDON in her own right
v.
ASBESTOS CORPORATION LIMITED et al.

The opinion of the court was delivered by: POLLAK

POLLAK, J.

 MEMORANDUM/ORDER

 On May 2, 1986, defendant Asbestos Corporation Limited (ACL) moved to dismiss for lack of in personam jurisdiction. The memorandum in support of the motion is an all-but-verbatim duplication of the memorandum ACL filed in support of its motion to dismiss for lack of in personam jurisdiction in Paravati v. Bell Asbestos Mines, Ltd., C.A. No. 85-021. *fn1"

 A review of the file in Paravati would disclose that I denied that ACL motion in an Order filed on August 30, 1985. But the memorandum filed by ACL in the instant case, relying totally and with touching devotion on the memorandum ACL filed in Paravati, makes no mention of my prior ruling. In standing thus four-square on its own precedent, ACL has, inter alia, foregone the opportunity to explain to me where I went wrong one year ago.

 WHEREFORE, still persuaded that I was right the last time ACL tendered this jurisdictional issue, *fn2" I hereby ORDER and DIRECT that ACL's motion to dismiss is DENIED.


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