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IN RE ASBESTOS LITIGATION

C.A. No. N13C-06-169 ASB.

IN RE: ASBESTOS LITIGATION. LINDA SPEAR, Individually and as Personal Representative of the Estate of PAUL SPEAR, Plaintiffs, v. AIR & LIQUID SYSTEMS CORPORATION, A/K/A BUFFALO PUMPS, INC., et al., Defendants.

Superior Court of Delaware, New Castle County.

Decided: December 4, 2014.

Order Issued: December 5, 2014.

ORDER STRIKING, SUA SPONTE, DEFENDANT BUFFALO PUMPS' STATUTE OF LIMITATIONS CLAIM.

PAUL R. WALLACE, Judge.

The Court is, unfortunately (and in its view wholly unnecessarily), forced to again address an asbestos litigation defendant's exercise in "sandbagging" during a summary judgment proceeding. One engages this tack by raising new bases for dispositive relief for the first time in a reply pleading. Here Defendant Air ...

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