KISER v. A.W. CHESTERTON CO.

No. 11-1986.

PHYLLIS H. KISER, Executrix of the Estate of Orvin H. Kiser, Sr., Deceased, Appellant, v. A.W. CHESTERTON CO., A Massachusetts Corporation; CRANE PACKING CO., An Illinois Corporation formerly known as John Crane, Inc.; CROWN CORK & SEAL COMPANY, INC., A New York Corporation; EXXON MOBIL CORPORATION, A New Jersey Corporation formerly known as Mobil Oil Corporation; FOSTER WHEELER CORPORATION, A New Jersey Corporation; GENERAL ELECTRIC COMPANY, A New York Corporation; GENERAL REFRACTORIES COMPANY, A Pennsylvania Corporation; GEORGIA-PACIFIC CORPORATION, A Georgia Corporation; GOULDS PUMPS, INCORPORATED, A Delaware Corporation; HARSCO INDUSTRIAL PATTERSON-KELLEY, A Division of Harsco Corporation as successor to Patterson-Kelley Company. A Delaware Corporation; INGERSOLL-RAND COMPANY, A New Jersey Corporation; JOHN CRANE, INC., Not a Virginia Corporation; METROPOLITAN LIFE INSURANCE COMPANY, A New York Corporation; RAPID AMERICAN CORPORATION, A New York Corporation; RILEY POWER, INC., A Massachusetts Corporation formerly known as Babcock Borsig Power, Inc. formerly known as D.B. Riley, Inc. formerly known as Riley Stocker Corporation; SEPCO, INC., Not a Virginia Corporation; TRANE U.S. INC., Successor in Interest to American Standard Inc.; UNIROYAL, INC., A Delaware Corporation; CBS CORPORATION, A Delaware Corporation formerly known as Viacom, Inc., Successor by Merger to CBS Corporation, a Pennsylvania Corporation formerly known as Westinghouse Electric Corporation ("Westinghouse"); WARREN PUMPS, LLC, Not a Virginia Corporation; ZENITH PUMPS, Not a Virginia Corporation.

United States Court of Appeals, Third Circuit.

Filed: April 11, 2013.


NOT PRECEDENTIAL

OPINION OF THE COURT

FUENTES, Circuit Judge.

This asbestos personal injury case came before this Court on appeal from the United States District Court for the Eastern District of Pennsylvania, which dismissed the action as time barred under Virginia law. Kiser v. A.W. Chesterton Co., 770 F.Supp.2d 745 (E.D. Pa. 2011).

Recognizing that this appeal raised an important...

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