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AIR and LIQUID SYSTEMS CORP., CBS CORPORATION, and FOSTER WHEELER LLC, Petitioners, V

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AIR and LIQUID SYSTEMS CORP., CBS CORPORATION, and FOSTER WHEELER LLC, Petitioners, V No. 17-1104 IN THE Supreme Court of the United States AIR AND LIQUID SYSTEMS CORP., CBS CORPORATION, AND FOSTER WHEELER LLC, Petitioners, v. ROBERTA G. DEVRIES, Administratrix of the Estate of John B. DeVries, Deceased, and Widow in her own right, Respondent. INGERSOLL RAND COMPANY, Petitioner, v. SHIRLEY MCAFEE, Executrix of the Estate of Kenneth McAfee, and Widow in her own right, Respondent. On Writ of Certiorari to the United States Court of Appeals for the Third Circuit JOINT APPENDIX (VOLUME I OF II) SHAY DVORETZKY RICHARD PHILLIPS MYERS Counsel of Record Counsel of Record JONES DAY PAUL, REICH & MYERS 51 Louisiana Ave NW 1608 Walnut Street, Suite 500 Washington, DC 20001 Philadelphia, PA 19103 Tel.: (202) 879-3939 Tel.: (215) 735-9200 [email protected] [email protected] Counsel for Petitioner Counsel for Respondents CBS Corporation Roberta G. DeVries and Shirley McAffee (Additional counsel listed on inside cover) PETITION FOR CERTIORARI FILED JANUARY 31, 2018 CERTIORARI GRANTED MAY 14, 2018 CARTER G. PHILLIPS Counsel of Record SIDLEY AUSTIN LLP 1501 K Street, N.W. Washington, DC 20005 Tel.: (202) 736-8270 [email protected] Counsel for Respondent General Electric Co. (continued from front cover) i TABLE OF CONTENTS Page VOLUME I Docket Entries, In re: Asbestos Products Liability Litigation (No. VI), No. 16-2669 (3d Cir.) ............................... 1 Docket Entries, In re: Asbestos Products Liability Litigation (No. VI), No. 16-2602 (3d Cir.) ............................... 3 Docket Entries, In re: Asbestos Products Liability Litigation (No. VI), No. 15-2667 (3d Cir.) ............................... 5 Docket Entries, In re: Asbestos Products Liability Litigation (No. VI), No. 15-1278 (3d Cir.) ............................... 7 Docket Entries, McAfee, et al. v. 20th Century Glove Corp. of Texas, No. 5:13-cv-06856-GJP (E.D. Pa.) ............ 10 Docket Entries, DeVries, et al. v. General Electric Co,, et al., No. 5:13-cv-00474-ER (E.D. Pa.) .......................... 13 Materials from District Court Proceedings DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 269-1, pages 2–18) (excerpts of Exhibit A to Motion for Summary Judgment filed by CBS Corporation) ................................................. 22 ii TABLE OF CONTENTS (continued) Page DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 269-2, pages 2–38) (excerpts of Exhibit B to Motion for Summary Judgment filed by CBS Corporation) ................................................. 46 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 270-1, pages 2–53) (excerpts of Exhibit A to Motion for Summary Judgment filed by General Electric Company) .................................. 90 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 270-2, pages 2–19) (excerpts of Exhibit B to Motion for Summary Judgment filed by General Electric Company) ................................ 224 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 270-3, pages 7, 25, 33–34, 50–51, 56, 62) (excerpts of Exhibit C to Motion for Summary Judgment filed by General Elec- tric Company) ..................................................... 259 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 273, pages 14–49) (Exhibits A-C to Motion for Summary Judgment filed by Imo Industries, Inc.) .................................................. 266 iii TABLE OF CONTENTS (continued) Page DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 274, page 16) (excerpt of Exhibit A to Motion for Summary Judgment filed by Air & Liquid Systems Corporation) ......................... 361 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 277-4, pages 1–4) (excerpts of exhibits to Motion for Summary Judgment filed by Foster Wheeler LLC) .......................................... 362 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 291, pages 13, 17, 19–22) (excerpts of Exhibit A to Answer to Motion for Summary Judgment of Foster Wheeler LLC) .................... 369 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 291, pages 27–29) (excerpts of Exhibit B to Answer to Motion for Summary Judg- ment of Foster Wheeler LLC) ............................ 383 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 291, pages 33, 35) (excerpts of Exhibit C to Answer to Motion for Summary Judg- ment of Foster Wheeler LLC) ............................ 389 iv TABLE OF CONTENTS (continued) Page DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 291-1, pages 1–8) (excerpts of Exhibit C to Answer to Motion for Summary Judg- ment of Foster Wheeler LLC, continued) .......... 391 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 294, pages 15–19) (excerpts to Exhibit A of Answer to Motion for Summary Judg- ment of General Electric Company) .................. 398 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 294-3, pages 3–10) (excerpts to Exhibit G of Answer to Motion for Summary Judg- ment of General Electric Company) .................. 410 VOLUME II DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 296, pages 20–22) (excerpts to Exhibit A of Answer to Motion for Summary Judg- ment of CBS Corporation) .................................. 420 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 296-1, pages 9–13) (Exhibit C of An- swer to Motion for Summary Judgment of CBS Corporation) ............................................... 427 v TABLE OF CONTENTS (continued) Page DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 296-2, pages 18–21) (excerpts of Ex- hibit F of Answer to Motion for Summary Judgment of CBS Corporation).......................... 437 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 296-2, pages 30–31, 34–36) (excerpts of Exhibit G of Answer to Motion for Sum- mary Judgment of CBS Corporation, continued) ........................................................... 443 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 296-2, page 45 — Doc. 296-3, pages 1–2) (excerpts of Exhibit H of Answer to Mo- tion for Summary Judgment of CBS Corporation)........................................................ 448 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (excerpts of Exhibit H of Answer to Motion for Summary Judgment of CBS Corpora- tion, continued) ................................................... 453 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 296-3, pages 8–9) (Exhibit I to Answer to Motion for Summary Judgment of CBS Corporation)........................................................ 459 vi TABLE OF CONTENTS (continued) Page DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 297, pages 16–22, 28–29) (excerpts of Exhibits B & C of Answer to Motion for Sum- mary Judgment of IMO Industries, Inc.) .......... 463 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 298, page 19) (excerpts of Exhibit A of Answer to Motion for Summary Judgment by Buffalo Pumps, Inc) ....................................... 472 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 298-2, pages 7–8) (excerpts of Exhibit D of Answer to Motion for Summary Judg- ment by Buffalo Pumps, Inc.) ............................ 473 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa.) (Doc. 298-4, pages 6–10) (Exhibit J of An- swer to Motion for Summary Judgment by Buffalo Pumps, Inc.) ........................................... 480 McAffee v. 20th Century Glove Corp., No. 13-06856-ER (E.D. Pa.) (Doc. 171, pages 18–31; 33–43) (excerpts of Exhibits A & B of Ingersoll Rand Company's Motion for Summary Judgment) ....................... 486 vii TABLE OF CONTENTS (continued) Page McAffee v. 20th Century Glove Corp., No. 13-06856-ER (E.D. Pa.) (Doc. 203, pages 16–19, 22–24, 30–31, 37– 49) (excerpts of Exhibits A, B, & C of An- swer to Motion for Summary Judgment of Ingersoll-Rand Company) .................................. 557 McAffee v. 20th Century Glove Corp., No. 13-06856-ER (E.D. Pa.) (Doc. 203-1, pages 1–2, 31–50) (excerpts of Exhibit D of Answer to Motion for Summary Judgment of Ingersoll-Rand Company) ............ 593 McAffee v. 20th Century Glove Corp., No. 13-06856-ER (E.D. Pa.) (Doc. 203-2) (excerpts of Exhibit D of An- swer to Motion for Summary Judgment of Ingersoll-Rand Company, continued) ................ 642 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa., October 3, 2014) (order awarding summary judgment to Warren Pumps) .............................................. 745 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa., October 3, 2014) (order awarding summary judgment to IMO Industries, Inc.) ..................................... 757 DeVries, et al. v. General Electric Company, et al., No. 13-cv-474 (E.D. Pa., October 10, 2014) (order awarding summary judgment to General Electric Company) ............................ 770 viii TABLE OF CONTENTS (continued) Page Materials from Third Circuit Proceedings DeVries, et al. v General Electric Company, et al., No. 15-1278 (3rd Cir.) (Joint Appendix 729) .......................................... 782 DeVries, et al. v General Electric Company, et al., No. 15-1278 (3rd Cir.) (Joint Appendix 1508-12) ................................... 784 DeVries, et al. v General Electric Company, et al., No. 15-1278 (3rd Cir.) (Joint Appendix 1540-42) ................................... 797 Addendum A to Brief of Defendant-Appellee General Electric Company, No.
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