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DEBIEC v. CABOT CORP.

Nos. 02-2507, 02-2508, 02-2511, 02-2512.

352 F.3d 117 (2003)

Michael Anthony DEBIEC, Administrator of the Estate of Jane Louise Guldin Debiec, Deceased, v. CABOT CORPORATION, Individually and as Successor in Interest to Cabot Berylco, Inc., Kawecki Berylco Inc., a/k/a KBI Kawecki Berylco Industries, Inc. & the Beryllium Corporation; NGK Metals Corp., Individually and as Successor to the Beryllium Corporation, Kawecki Berylco Inc., a/k/a KBI, Kawecki Chemical Co., & Berylco, Inc., Michael Anthony Debiec, Appellant. Sharon J. Reeser, Administratrix of the Estate of Geneva C. Bare, Deceased, v. Cabot Corporation, Individually and as Successor in Interest to Cabot Berylco, Inc., Kawecki Berylco Inc., a/k/a KBI Kawecki Berylco Industries, Inc., the Beryllium Corporation; NGK Metals Corporation, Individually and as Successor to the Beryllium Corporation, Kawecki Berylco Inc., a/k/a KBI, Kawecki Chemical Co. Berylco, Inc., Sharon J. Reeser, Appellant. Dennis J. Branco, Personal Representation of the Estate of John C. Branco, Deceased, v. Cabot Corporation, Individually and as Successor in Interest to Cabot Berylco, Inc., Kawecki Berylco Inc., a/k/a KBI Kawecki Berylco Industries, Inc., the Beryllium Corporation; NGK Metals Corp, Individually and as Successor to the Beryllium Corporation, Kawecki Berylco Inc., a/k/a KBI, Kawecki Chemical Co., Berylco, Inc; Brush Wellman Inc., Dennis J. Branco, Appellant. Mary I. Russo; Charles F. Russo, H/H, v. Cabot Corporation, Individually and as Successor in Interest to Cabot Berylco, Inc., Kawecki Berylco Inc.; a/k/a KBI Kawecki Berylco Industries, Inc. & the Beryllium Corporation, c/o C.T. Corporation System; NGK Metals Corporation, Individually and as Successor to the Beryllium Corporation, Kawecki Berylco Inc., a/k/a Berylco, Inc., c/o C.T. Corporation System Mary I. Russo; Charles F. Russo, h/h, Appellants.

United States Court of Appeals, Third Circuit.

Filed December 8, 2003.

Attorney(s) appearing for the Case

Ruben Honik (Argued), Joseph J. Urban, Golomb & Honik P.C., Philadelphia, PA, for Appellants.

Karen M. Connors (Argued), Cabot Corporation, Boston, Neil S. Witkes, Manko, Gold, Katcher & Fox, LLP, Bala Cynwyd, PA, for Appellee, Cabot Corporation.

James W. Gicking (Argued), Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for Appellee, NGK Metals Corporation.

Before BECKER, Chief Judge, RENDELL and AMBRO, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

These personal injury and wrongful death cases, consolidated for discovery in the District Court and for disposition in this Court, stem from the deaths of four people, all of whom worked at and/or lived near the defendants' beryllium plant in Reading, Pennsylvania. Each of the deaths was traceable to Chronic Beryllium Disease ("CBD"), a result of exposure to that toxin, and the victims either brought or had brought...

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