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In re Asbestos Products Liability Litigation

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


July 30, 2010

IN RE: ASBESTOS PRODUCTS LIABILITY LITIGATION (NO. VI)
THIS DOCUMENT RELATES TO:
1. RICHARD DENZEL EDPA NO. 09-66545
2. BOYD GILCHRIST EDPA NO. 09-66547
3. ROBERT GLASER EDPA NO. 09-66548
4. LESLIE HANSON EDPA NO. 09-66549
5. MARTIN KETTERLING EDPA NO. 09-66554
6. TEANUS LOEB EDPA NO. 09-66561
7. STEPHEN MORRELL EDPA NO. 09-66564
8. WALTER POPPKE EDPA NO. 09-66567
9. PETE RIEDINGER EDPA NO. 09-66570
10. FRANK UNSER EDPA NO. 09-66574
11. JOE VOGEL EDPA NO. 09-66577
12. FRANK WILLSON EDPA NO. 09-66578

The opinion of the court was delivered by: Eduardo C. Robreno, J.

MDL 875

ORDER

AND NOW, this day of, 2010, upon careful and independent consideration of defendant S.O.S. Products Company, Inc.'s motions for summary judgment in the above-captioned cases, plaintiffs' responses, and defendant's replies thereto, and after review of the Report and Recommendation by Chief Magistrate Judge Thomas J. Rueter, it is hereby

ORDERED

1. The Report and Recommendation is APPROVED and ADOPTED.

2. The summary judgment motions of defendant S.O.S. Products Company, Inc. be DENIED with respect to plaintiffs Glaser, Denzel, Willson, Poppke, Loeb, Ketterling and Gilchrist.

3. The summary judgment motions of defendant S.O.S. Products Company, Inc. be GRANTED with respect to plaintiffs Vogel, Unser, Hanson, Riedinger and Morrell.

4. Plaintiffs' claims for conspiracy, deceit, fraud, market share, enterprise liability, and alternative liability in each of the above-captioned cases be DISMISSED WITH PREJUDICE.

20100730

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