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TLT-BABCOCK, INC. v. EMERSON ELEC. CO.

Nos. 93-1693, 93-1758.

33 F.3d 397 (1994)

TLT-BABCOCK, INCORPORATED, to its own use and to the use of Underwriters at Lloyd's and British Companies, Plaintiff-Appellant, v. EMERSON ELECTRIC CO., d/b/a Browning Manufacturing; Emergency Maintenance & Repair Company, Defendants-Appellees, and Howard Rubenstein, Trustee, Defendant, v. GENERAL ELECTRIC COMPANY; Mayor and City Council of Baltimore; Pennsylvania Crusher Corporation, Third Party Defendants. TLT-BABCOCK, INCORPORATED, to its own use and to the use of Underwriters at Lloyd's and British Companies, Plaintiff-Appellee, v. EMERSON ELECTRIC CO., d/b/a Browning Manufacturing, Defendant-Appellant, and Emergency Maintenance & Repair Company; Howard Rubenstein, Trustee, Defendants, v. PENNSYLVANIA CRUSHER CORPORATION, Third Party Defendant-Appellee, and General Electric Company; Mayor and City Council of Baltimore, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 31, 1994.

Attorney(s) appearing for the Case

ARGUED: Lee Thomas Ellis, Jr., Baker & Hostetler, College Park, MD, for appellants. James Allan Rothschild, Anderson, Coe & King, Baltimore, MD, for appellee Emerson Elec., Joel D. Newport, Semmes, Bowen & Semmes, Towson, MD, for appellee Emergency Maintenance; Angus Robert Everton, Mason, Ketterman & Morgan, Baltimore, MD, for appellee Pennsylvania Crusher. ON BRIEF: Ralph G. Blasey, III, Baker & Hostetler, College Park, MD, for appellants. Constance D. Burton, Anderson, Coe & King, Baltimore, MD, for appellee Emerson Elec.; Daniel J. Moore, Semmes, Bowen & Semmes, Towson, MD, for appellee Emergency Maintenance; Alan M. Carlo, Diane S. Deros, Mason, Ketterman & Morgan, Baltimore, MD, for appellee Pennsylvania Crusher.

Before RUSSELL and MICHAEL, Circuit Judges, and JACKSON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge RUSSELL wrote the opinion, in which Judge MICHAEL and Judge JACKSON, joined.

OPINION

DONALD RUSSELL, Circuit Judge:

TLT-Babcock, Inc. ("TLT") appeals from the judgment of the district court granting partial summary judgment in favor of defendant Emergency Maintenance & Repair Company ("EMARCO") and from various evidentiary rulings rendered by the district court in favor of defendant Emerson Electric Company...

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