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`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
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`SHIRLEY A. HILSTER and CHARLES W.
`HILSTER, JR.,
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`CIVIL DIVISION – ASBESTOS
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`Plaintiffs,
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`
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` v.
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`AIR & LIQUID SYSTEMS
`CORPORATION, individually and as
`successor-in-interest to Buffalo Pumps,
`Inc., et al.,
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`
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`Defendants.
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`{J2703119.1}
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`No. G.D. 20-009581
`
`
`NOTICE OF FILING OF JOINDER IN
`DEFENDANT ELECTRIC BOAT
`CORPORATION AND GENERAL
`DYNAMICS CORPORATION’S NOTICE
`OF REMOVAL TO FEDERAL COURT
`
`Filed on behalf of ViacomCBS Inc., f/k/a
`CBS Corporation, a Delaware corporation,
`f/k/a Viacom Inc., successor by merger to
`CBS Corporation, a Pennsylvania
`corporation, f/k/a Westinghouse Electric
`Corporation, Defendant
`
`Counsel of Record for this Party:
`
`Eric L. Horne, Esq.
`PA ID No. 36496
`
`Daniel J. Sinclair, Esq.
`PA ID No. 70213
`
`Gretchen N. Panchik, Esq.
`PA ID No. 324111
`
`ECKERT SEAMANS CHERIN &
`MELLOTT, LLC
`Firm No. 075
`U.S. Steel Tower
`600 Grant Street, 44th Floor
`Pittsburgh, PA 15219
`
`412.566.6000
`
`JURY TRIAL DEMANDED
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`

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`
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`Plaintiffs,
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`
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`CIVIL DIVISION – ASBESTOS
`
`
`No. G.D. 20-009581
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`
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`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`SHIRLEY A. HILSTER and CHARLES W.
`HILSTER, JR.,
`
`
`
` v.
`
`AIR & LIQUID SYSTEMS
`CORPORATION, individually and as
`successor-in-interest to Buffalo Pumps,
`Inc., et al.,
`
`
`Defendants.
`
`
`
`NOTICE OF FILING OF JOINDER IN DEFENDANT ELECTRIC BOAT
`CORPORATION AND GENERAL DYNAMICS CORPORATION’S NOTICE OF
`REMOVAL TO FEDERAL COURT
`
`TO THE DEPARTMENT OF COURT RECORDS:
`
`
`
`PLEASE TAKE NOTICE that on October 19, 2020, ViacomCBS Inc., f/k/a CBS
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`Corporation, a Delaware Corporation, f/k/a Viacom Inc., successor by merger to CBS
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`Corporation, a Pennsylvania Corporation, f/k/a Westinghouse Electric Corporation, one of the
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`defendants, filed in the United States District Court for the Western District of Pennsylvania a
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`Joinder in Defendant Electric Boat Corporation and General Dynamics Corporation’s Notice of
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`Removal of Civil Action with respect to this case. A true and correct copy of the Joinder in
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`Notice of Removal (without exhibits) is attached hereto as Exhibit A.
`
`
`
`PLEASE TAKE FURTHER NOTICE that, pursuant to 28 U.S.C. § 1446, the filing of
`
`such Notice of Joinder in Notice of Removal in the United States District Court, together with
`
`{J2703119.1}
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`
`
`

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`the filing of a copy of the Notice with this Court, effects the removal of this action, and the
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`above-captioned Pennsylvania State Court may proceed no further unless and until this case is
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`remanded.
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`Dated: October 19, 2020
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
` By: /s/ Daniel J. Sinclair
`
`Daniel J. Sinclair, Esq.
`
`Pa. I.D. No. 70213
`
`Eric L. Horne, Esq.
`
`Pa. I.D. No. 36496
`
`ECKERT SEAMANS CHERIN &
`
`MELLOTT, LLC.
`
`600 Grant Street, 42nd Floor
`
`Pittsburgh, PA 15219
`
`(412) 561-6000
`
`
`
`Attorneys for Defendant,
`
`ViacomCBS Inc., f/k/a CBS Corporation, a
`Delaware Corporation, f/k/a Viacom Inc.,
`successor by merger to CBS Corporation, a
`Pennsylvania Corporation, f/k/a
`Westinghouse Electric Corporation
`
`{J2703119.1}
`
`
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing NOTICE OF FILING OF
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`
`
`NOTICE OF REMOVAL OF CIVIL ACTION was served on all counsel of record in the
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`state court action via email, this 19th day of October, 2020.
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` /s/ Daniel J. Sinclair
`Daniel J. Sinclair, Esq.
`
`
`
`
`
`
`
`{J2703079.1}
`
`
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`

`

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`EXHIBIT A
`EXHIBIT A
`
`{J2703079.1}
`
`
`
`

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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
`
`SHIRLEY A. HILSTER and CHARLES W.
`HILSTER, JR.,
`
`
`Plaintiffs,
`
`
`
`v.
`
`AIR & LIQUID SYSTEMS
`CORPORATION, individually and as
`successor-in-interest to Buffalo Pumps, Inc.,
`et al.,
`
`
`
`CIVIL DIVISION – ASBESTOS
`
`No. 2:20-cv-01537-MJH
`
`
`
`
`
`
`
`
`
`
`
`
`Defendants.
`
`
`JOINDER IN DEFENDANT ELECTRIC BOAT CORPORATION AND
`GENERAL DYNAMICS CORPORATION’S NOTICE OF REMOVAL
`
`VIACOMCBS INC., f/k/a CBS Corporation, a Delaware Corporation, f/k/a Viacom, Inc.,
`
`successor by merger to CBS Corporation, a Pennsylvania corporation, f/k/a WESTINGHOUSE
`
`ELECTRIC CORPORATION (“Westinghouse”), defendant, by its attorneys, Eckert Seamans
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`Cherin & Mellott, LLC, hereby joins in the removal of this civil action from the Court of Common
`
`Pleas of Allegheny County, Pennsylvania to the United States District Court for the Western
`
`District of Pennsylvania pursuant to the Notice of Removal filed by Defendants, Electric Boat
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`Corporation (“Electric Boat”) and General Dynamics Corporation (“General Dynamics) on
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`October 12, 20201 and further notes that Westinghouse has its own, independent grounds for
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`federal officer removal pursuant to 28 U.S.C. § 1442(a)(1), and states as follows:
`
`
`1 A copy of Electric Boat and General Dynamics’ Notice of Removal is attached hereto as Exhibit A. For
`purposes of conserving resources, Westinghouse is not including all of the Exhibits attached to the Notice
`of Removal. Westinghouse reserves the right to supplement the record with all of the Exhibits and will be
`happy to provide a copy to this Honorable Court upon request.
`
`{J2703027.1}
`
`
`
`
`

`

`1.
`
`On or about September 14, 2020, Plaintiffs, Charles W. Hilster, Jr. and Shirley
`
`Hilster filed a lawsuit against Westinghouse and approximately fifty other defendants. The lawsuit
`
`is numbered and styled Shirley A. Hilster and Charles W. Hilster, Plaintiffs v. Air & Liquid
`
`Systems Corporation, et. al, No. GD 20-009581, and was filed in the Court of Common Pleas of
`
`Allegheny County, Pennsylvania.
`
`2.
`
`This action is removable pursuant to 28 U.S.C. § 1442(a)(1) because it involves an
`
`action against “an[]officer (or any person acting under that officer) of the United States or an
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`[]agency thereof.” To the extent that none of the foregoing bases of federal jurisdiction extends to
`
`a particular claim against a particular defendant, this Court has supplemental jurisdiction pursuant
`
`to 28 U.S.C. § 1367. To the extent that this case may involve non-removable claims, they are
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`rendered removable pursuant to 28 U.S.C. § 1441(c).
`
`3.
`
`The case is based on Plaintiffs’ allegations that Mrs. Hilster’s asbestos-related
`
`disease, specifically mesothelioma, was caused by her exposure to asbestos fibers shed from the
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`work clothes of her husband, Charles Hilster. See Id. at ¶¶ 117-118.
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`4.
`
`Plaintiffs assert claims for negligence (Count I), strict product liability (Count II),
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`gross, willful and wanton misconduct (Count III), and conspiracy against Metropolitan Life
`
`Insurance Company (Count IV). Plaintiffs also assert a claim for loss of consortium.
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`5.
`
`In accordance with 28 U.S.C. § 1446(a) and the local requirements of this Court,
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`Westinghouse hereby attaches a copy of Plaintiffs’ Complaint, as Exhibit B.
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`6.
`
`This joinder in Electric Boat and General Dynamics’ Notice of Removal is timely
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`on its own merits since it is being filed within thirty (30) days of receipt by Westinghouse of the
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`initial pleading setting forth the claim for relief upon which such action or proceeding is based.
`
`{J2703027.1}
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`
`2
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`

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`7.
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`This Court embraces the locality in which the state court action is now pending,
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`and thus is a proper forum for this action pursuant to 28 U.S.C. § 1441(a).
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`8.
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`Because Westinghouse is joining in the removal of this case pursuant to 28 U.S.C.
`
`§ 1442(a), Westinghouse may join in this removal without the consent of the other parties to this
`
`action.
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`9.
`
`Pursuant to 28 U.S.C. § 1446(d), Electric Boat and General Dynamics filed a Notice
`
`of Removal with the Department of Court Records for the Court of Common Pleas of Allegheny
`
`County, Pennsylvania on October 15, 2020.
`
`10.
`
`Should any party file a motion to remand this case, Westinghouse respectfully
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`requests an opportunity to respond more fully in writing and to conduct discovery limited to the
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`issue of removal, but at this time offers the following authorities in support of removal.
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`11.
`
`Pursuant to 28 U.S.C. § 1446(b), a case may be removed within thirty days of the
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`initial pleading, or if the case does not appear to be removable upon the initial pleading, within
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`thirty days after receipt by the defendant of an “other paper from which it may first be ascertained
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`that the case is one which is or has become removable.”
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`12. Westinghouse asserts the government contractor defense. That defense exists
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`where, as here: (1) the United States approved reasonably precise specifications, (2) the equipment
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`conformed to those specifications, and (3) the contractor warned the government about any
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`dangers known to the contractor but not to the government. Boyle v. United Technologies Corp.,
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`487 U.S. 500 (1988).
`
`13.
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`This entire case has already been removed timely to federal court by defendant,
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`Duquesne Light.
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`{J2703027.1}
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`
`3
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`

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`14. Westinghouse hereby joins in, and incorporates by reference as if set forth fully
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`herein, to the extent not inconsistent with any defense asserted or that may be asserted by
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`Westinghouse, the Notice of Removal of defendant, Duquesne Light, and the exhibits thereto.
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`15.
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`Since the underlying state court case has already been removed to federal court by
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`another defendant, the case does not need to be re-removed to federal court by defendant,
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`Westinghouse, since the case is already now pending here in federal court. Nonetheless,
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`Westinghouse has filed this Notice of Removal within the timelines for removal that would
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`otherwise be applicable to it, such that, procedurally, this Notice independently operates to ensure
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`and effect removal of this case to federal court, and substantively to establish grounds for federal
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`jurisdiction over this case as a result of plaintiff’s claims against Westinghouse, and
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`Westinghouse’s defenses thereto.
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`16. Westinghouse was served with the Complaint on September 17, 2020.
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`17.
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`Plaintiffs have alleged that Westinghouse “was or is engaged in the business of
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`manufacturing and/or supplying asbestos and asbestos-containing products, or an employer and/or
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`premises where Plaintiff, Charles W. Hilster, Jr. performed work.” See Complaint ¶ 73.
`
`18.
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`The Complaint contains allegations that Mr. Hilster was employed as a pipefitter,
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`hydraulic pipefitter, new construction project manager, and maintenance supervisor by various
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`employers at various premises from 1957 to 1987 and 1989 to 1995. Id. at ¶ 114. Included in the
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`premises where Mr. Hilster alleges that he worked is the Shippingport Atomic Power Station in
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`Shippingport, Pennsylvania.
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`19.
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`Plaintiffs further allege that while employed at the various jobsites identified in the
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`Complaint, Charles Hilster “wore his own work clothes, was exposed to asbestos dust and fibers
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`that he brought home on his work clothes, fell off in his vehicle and were on his body including
`
`{J2703027.1}
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`
`4
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`

`

`his hair, that distributed and re-entrained in his vehicle and home, which caused Plaintiff Shirley
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`Hilster’s mesothelioma.” See Complaint ¶ 117.
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`20.
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`The Complaint includes limited allegations about Mrs. Hilster’s alleged exposure,
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`as follows, in part:
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`Plaintiff Shirley Hilster was exposed to asbestos through asbestos dust and fibers
`brought home on her husband’s work clothes, from asbestos dust in the vehicle and
`asbestos dust on his body including his hair, and from the dust being disturbed and
`re-entrained in their home.
`
`
`Complaint, ¶ 118.
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`21.
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`This case is removable pursuant to 28 U.S.C. § 1442(a)(1). Removal is proper under
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`this section upon a showing that Westinghouse was a (1) person (2) acting under the United States,
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`its agencies, or its officers (3) that has been sued for or relating to any act under color of such
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`office, and (4) has a colorable federal defense to Plaintiffs’ claim. Papp v. Fore-Kast Sales Co.,
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`842 F.3d 805 (3d Cir. 2016); Ruppel v. CBS Corp., 701 F.3d 1176, 1180-81 (7th Cir. 2012); Mesa
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`v. California, 489 U.S. 121, 124-25, 129-31, 134-35 (1989). Unlike the general removal statute,
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`the federal officer removal statute is to be broadly construed in favor of a federal forum. Papp 842
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`F.3d at 811.
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`22.
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`The basis for removal is that this action involves a person, i.e. Westinghouse, that
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`acted under the authority of an officer or agency of the United States, within the meaning of 28
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`U.S.C. § 1442(a)(1). Mesa v. California, 489 U.S. 121 (1989). After reasonable investigation,
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`Westinghouse denies that its employees were engaged in the activities described by plaintiff, but
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`if Westinghouse employees did perform the work that plaintiff claims contributed to his injuries -
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`alleged maintenance and insulation of the piping systems in underground chambers where the
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`reactor was located – that work would have been carried out pursuant to contracts executed by and
`
`{J2703027.1}
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`
`5
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`

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`on behalf of an officer or agency of the United States, i.e., the Secretary of the Navy ("Secretary"),
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`and Admiral Hyman Rickover, United States Navy ("Rickover").
`23. Moreover, as set forth in the attached materials, the material aspects of the design,
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`production, construction, operation and maintenance of Shippingport, including the reactor, at
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`issue were specified, reviewed, approved, and accepted by the United States government.
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`Duquesne Light, Shippingport's owner, acting under government control, sub-contracted with
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`Westinghouse for design and production of much of the equipment in the plant, including the
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`reactor. If Westinghouse performed any work for Shippingport, such work was performed under
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`the authority and control of the United States. See Affidavit of Dorothy M. Alke and attached
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`records of Westinghouse Electric Corporation attached hereto as Exhibit C ("Westinghouse
`
`Affidavit") and Affidavits of Frank M. Nadolny, William J. O'Brien and William Beaver
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`(collectively "Westinghouse Affidavits") attached hereto as Exhibit D.2
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`24.
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`Thus, under the terms of the contracts, and any amendments thereto, for the design,
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`installation and maintenance of equipment at Shippingport between Duquesne Light and the
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`United States Government, Westinghouse was at all times acting under the authority and control
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`of an officer of the United States. The officer was the Secretary and Rickover, his delegee.
`As recognized in Boyle v. United Technologies Corp., 487 U.S. 500 (1988),
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`25.
`
`Westinghouse has, inter alia, a federal defense to these actions: i.e., immunity from liability for
`
`
`2 The original Westinghouse Affidavits were filed by Westinghouse with its Notice of Removal or
`Brief in Opposition to Remand thereof in the case of Jesensky, et. vir. v. A-Best Products, et al.,
`96-CV-680; United States District Court for the Western District of Pennsylvania. Copies of the
`affidavits were filed by Westinghouse in its Notices of Removal in the matters Estate of Balchus
`v. Westinghouse, et al. at CA No. 97-1330 and Estate of Garcia v. Westinghouse, et al.. at CA No.
`2001-cv-0807. In all three cases, plaintiff's Motions to Remand were denied.
`{J2703027.1}
`6
`
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`

`

`injuries arising from any exposure to asbestos related to its reactor at Shippingport insofar as
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`constructed or repaired by Westinghouse.
`26.
`Co-defendant Duquesne Light has also filed a joiner in the removal of this case, a
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`copy of which, without exhibits, is attached as Exhibit E.
`
`27.
`
`Should plaintiff file a Motion to Remand this case, Westinghouse respectfully
`
`requests an opportunity to respond more fully in writing, but offers the following authorities at this
`
`time.
`
`28.
`
`Federal courts have repeatedly recognized asbestos cases arising from alleged
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`exposure to equipment at the Shippingport Atomic Power Station are properly removed and subject
`
`to federal jurisdiction. See, e.g., Rabovsky v. Air & Liquid Systems, Inc., EDPA Civ. Ac. 10-3202
`
`(E.D. of Pa. July 28, 2011, Order Attached as Exhibit F, denying remand of Shippingport case);
`
`Jesensky v. A-Best Products, Inc., 2003 WL 25518081 (W.D. Pa. Jun. 30, 2003) (denying remand
`
`of Shippingport asbestos case), aff’d 287 Fed. Appx. 968, 2008 WL 3917339 (3d Cir. 2008);
`
`Garcia v. Combustion Engineering, Inc., WDPA Civ. Ac. 01-0807 (W.D. Pa. 2001); Balchus v.
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`Westinghouse, WDPA Civ. Ac. 97-1330 (1998) (denying plaintiff’s motion to remand); Weidner
`
`v. U.S. Mineral Products Co., WDPA Civ. Ac. 97-722 (Order June 27, 1997) (affirming removal
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`and federal jurisdiction over Shippingport asbestos case).
`
`29.
`
`The controlling law is found in Boyle v. United Technologies Corp., 487 U.S. 500
`
`(1988), and has been applied in Kleemann v. McDonnell Douglas Corp., 890 F.2d 698 (4th Cir.
`
`1989) and Garner v. Santoro, 865 F.2d 629 (5th Cir. 1991). Westinghouse has a federal defense
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`to this action: immunity from liability for injuries arising from any exposure to asbestos related
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`to Westinghouse turbines installed at the Shippingport facility. Because Westinghouse has raised
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`a more than colorable claim of having acted under color of a federal officer or agency, removal of
`
`{J2703027.1}
`
`
`7
`
`

`

`this civil action pursuant to 28 U.S.C. § 1442(a)(1) is proper. Fung v. Abex Corp., et al., 816 F.
`
`Supp. 569 (N.D. Cal., 1992); Williams v. Brooks, 945 F.2d 1322 (5th Cir. 1991).
`
`30.
`
`In determining the removability of this case, the complaint in the state court action,
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`the Notice of Removal and any affidavits accompanying the Notice must be evaluated. O'Bryan
`
`v. Chandler, 496 F.2d 403, (10th Cir. 1974); cert. den., 419 U.S. 986, 42 L.Ed.2d, 95 S. Ct. 245;
`
`rehearing den., 420 U.S. 913, 42 L.Ed.2d 845, 95 S. Ct. 838. A defendant's affidavits have been
`
`found to be conclusive where they state that the conduct complained of occurred in the
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`performance of duties acting under color of federal office. New York v. Keim, 308 F. Supp. 421
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`(S.D.N.Y. 1969). Here, the affidavits provided by Westinghouse strongly support the claim that
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`whatever Westinghouse did with regard to this turbines was controlled by the federal government.
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`31.
`
`A properly removed case cannot be remanded for discretionary or policy reasons
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`such as allegedly related state court cases or a contention that judicial economy compels remand.
`
`28 U.S.C. § 1447(c); Thermitron Products, Inc. v. Hermansdorfer, 423 U.S. 336, 96 S. Ct. 584, 46
`
`L.Ed. 542 (1976); Elrad v. United Life 7 Accident Insurance Company, 624 F. Supp. 742 (N.D.
`
`Ill. 1985). The federal officer removal statute is not narrow or limited, and it should not be
`
`frustrated by a narrow or grudging interpretation of § 1442(a)(1). Willingham v. Morgan, 395 U.S.
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`402, 405; 89 S. Ct. 1813, 23 L.Ed.2d 396 (1960).
`
`32.
`
`It should be noted that the issue of whether removal is appropriate with respect to
`
`claims arising out of alleged take-home exposures from the Shippingport Atomic Power Station
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`was previously addressed by this Court in Jesensky v. A-Best Products Co., No. CIV-A 96-860,
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`2003 WL 25518081, (W.D.P.A. June 30, 2003). In that action, Judge Robert J. Cindrich adopted
`
`the Report and Recommendation of Magistrate Judge Sensenich denying Plaintiffs’ Motion to
`
`Remand in a case where plaintiff Karen Jesensky was claiming that she had suffered an asbestos
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`{J2703027.1}
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`8
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`

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`related disease as the result of her caring for and laundering the clothes of her father, Eugene
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`Schirra, who alleged exposure to asbestos at various industrial jobsites including the Shippingport
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`Atomic Power Station.3
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`33.
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`In the Report and Recommendation, Magistrate Judge Sensenich noted that
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`Duquesne Light had produced “substantial evidence that a federal officer, Rear Admiral Hyman
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`G. Rickover, the Director of the Division of Naval Reactors of the Atomic Energy Commission
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`and his assistants exercised direct detailed control of the Shippingport facility” and had raised a
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`colorable federal defense to the plaintiffs’ claims. Id.
`
`34.
`
`The allegations in the present case, and the defenses being asserted by Duquesne
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`Light and Westinghouse are no different than the claims in Jesensky. As such, removal of this
`
`action is proper under 28 U.S.C. § 1442(a)(1) because Duquesne Light and Westinghouse were
`
`acting under an officer or agency of the United States.
`
`WHEREFORE, defendant ViacomCBS Inc., pursuant to these statutes and in conformance
`
`with the requirements set forth in 28 U.S.C. Sec. 1446, hereby joins in the removal of this action,
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`independently removes the action if needed, and asserts its independent basis for federal
`
`jurisdiction of this action.
`
`
`
`Dated: October 19, 2020
`
`
`
`By:
`/s/ Daniel J. Sinclair
`Daniel J. Sinclair
`
`Counsel for Defendant,
`ViacomCBS, Inc.
`
`
`
`
`3 A copy of the June 30, 2003 Memorandum Order which adopts the Magistrate Judges Report and
`Recommendation on Plaintiffs’ Motion to Remand is attached hereto as Exhibit G.
`{J2703027.1}
`9
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`

`

`
`
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on October 19, 2020, a copy of Defendant
`
`ViacomCBS Inc.’s Joinder in Defendant Electric Boat Corporation and General Dynamics
`Corporation’s Notice of Removal is being filed electronically through the Court’s CM/ECF system
`and via email upon the following:
`
`Craig E. Coleman, Esquire
`CAROSELLI, BEACHLER & COLEMAN
`20 Stanwix Street, Suite 700
`Pittsburgh, PA 15222
`
`Benjamin D. Braly, Esquire
`Jessica M. Dean, Esquire
`DEAN OMAR BRANHAM SHIRLEY, LLP
`302 N. Market Street, suite 300
`Dallas, TX 75202
`
`
`Party
`SHIRLEY A. HILSTER and
`CHARLES W. HILSTER, JR.
`(Plaintiffs),
`
`Counsel of Record
`Craig Coleman, Esquire
`CAROSELLI, BEACHLER & COLEMAN
`20 Stanwix Street, Suite 700
`Pittsburgh, PA 15222
`(412)391-9860
`
`Benjamin Braly, Esquire
`Jessica M. Dean, Esquire
`DEAN OMAR BRANHAM SHIRLEY, LLP
`302 N. Market Street, Suite 300
`Dallas, TX 15222
`(214)722-5990
`2595 Interstate Drive
`Harrisburg, PA 17110
`
`AIR & LIQUID SYSTEMS
`CORPORATION, successor-by-
`merger to Buffalo Pumps, Inc.,
`
`{J2703027.1}
`
`
`
`

`

`A.O. SMITH CORPORATION,
`
`ARMSTRONG INTERNATIONAL,
`INC.,
`
`AURORA PUMP,
`
`
`BECHTEL CORPORATION,
`
`Andrew F. Adomitis, Esquire
`Leo Gerard Daly, Esquire
`Litchfield Cavo LLP
`Two Gateway Center, 10th Floor
`603 Stanwix Street
`Pittsburgh, PA 15222
`(412) 291-8240
`
`Richard C. Polley, Esquire
`Shannan Noe Cerrone, Esquire
`Dickie, McCamey & Chilcote, P.C.
`Two PPG Place, Suite 400
`Pittsburgh, PA 15222-5402
`(412) 281-7272
`
`Joseph R. Schaper, Esquire
`Maron Marvel Bradley Anderson &
`Tardy LLC
`The Landmarks Building Suite 250
`100 West Station Square Drive
`Pittsburgh, PA 15219
`(412) 281-5560
`James P. Hadden, Esquire
`Three Logan Square
`1717 Arch Street, Suite 3710
`Philadelphia, PA 19103
`(215) 231-7100
`
`Dennis R. McEwen, Esquire
`Daniel J. Sinclair, Esquire
`Alison R. Viola, Esquire
`Eckert Seamans Cherin & Mellott, LLC
`US Steel Tower
`600 Grant Street, 44th Floor
`Pittsburgh, PA 15219
`(412) 566-6000
`
`BW/IP, INC.,
`
`CARBOLINE COMPANY,
`
`CENTRAL HUDSON GAS & ELECTRIC
`CORPORAITON,
`COPES-VULCAN,
`
`No Appearance docketed
`
`2704 Commerce Drive
`Harrisburg, PA 17110
`No Appearance docketed
`
`No Appearance docketed
`
`{J2703027.1}
`
`
`
`
`

`

`CRANE COMPANY,
`
`CRANE INSTRUMENTATION A&
`SAMPLING, INC. f/k/aa CIRCOR
`INSTRUMENTATION TECHNOLOGIES,
`INC. f/k/a HOKE, INC.,
`
`CROSBY VALVE, LLC
`
`
`
`DANA COMPANIES LLC, successor-by-
`merger to DANA CORPORATION,
`DEZURIK, INC.,
`
`DUQUESNE LIGHT
`
`EATON HYDRAULICS LLC, as successor
`by merger to EATON HYDRAULICS, INC.
`as successor-in –interest to VICKERS INC.,
`ECKEL INDUSTRIES, INC.
`ELECTROLUX HOME
`PRODUCTS INC.,
`EMERSON ELECTRIC CO., individually
`and as successor-in-interest to COPELAND
`CORPORATION,
`
`Michael J.R. Schalk
`K&L Gates LLP
`K&L Gates Center
`210 Sixth Avenue
`Pittsburgh, PA 15222-2613
`(412) 355-6500
`
`Edward A. Smallwood, Esquire
`LITCHFIELD CAVO, LLP
`Two Gateway Center
`603 Stanwix Street, 10th Floor
`Pittsburgh, PA 15222
`(412)291-8243
`Joseph W. Selep, Esquire
`Adam S. Auchey, Esquire
`Zimmer Kunz, PLLC
`310 Grant Street, Suite 3000
`Pittsburgh, PA 15219
`(412)281-8000
`No Appearance docketed
`
`No Appearance docketed
`
`Cathy Gordon, Esq.
`Litchfield Cavo, LLP
`Two Gateway Center
`603 Stanwix Street, 10th Floor
`Pittsburgh, PA 15222
`
`
`600 North 2nd Street
`Harrisburg, PA 17101
`
`No Appearance docketed
`No Appearance docketed
`
`Joseph W. Selep, Esquire
`Adam S. Auchey, Esquire
`Zimmer Kunz, PLLC
`310 Grant Street, Suite 3000
`Pittsburgh, PA 15219
`(412)281-8000
`
`{J2703027.1}
`
`
`
`
`

`

`Vincent Scaglione, Jr. Esquire
`Max T. Busatto, Esquire
`Ashley D. Waldinger, Esquire
`Dickie, McCamey & Chilcote, P.C.
`Two PPG Place, Suite 400
`Pittsburgh, PA 15222-5402
`(412) 281-7272
`
`1001 State Street
`Erie, PA 16501
`1001 State Street
`Erie, PA 16501
`600 North 2nd Street
`Harrisburg, PA 17101
`Edward A. Miller, Esquire
`Melissa D. Cochran, Esquire
`Renee D. Loya, Esquire
`Steptoe & Johnson PLLC
`11 Grandview Circle, Suite 200
`Canonsburg, PA 15317
`W. Matthew Reber, Esquire
`Christopher S. Arnold, Esquire
`Eric A. Fischer, Esquire
`James M. Leety, Esquire
`Katherine A. Lowery, Esquire
`Kelley Jasons McGowan Spinelli
`Hanna & Reber, LLP
`Two Liberty Place, Suite 1900
`50 South 16th Street
`Philadelphia, PA 19102
`(215) 854-0658
`Gulf Tower Building, Suite 2701
`707 Grant Street
`Pittsburgh, PA 15219
`(412) 434-6577
`
`Dennis F. Wolford, Esquire
`Kathryn L. Johnston, Esquire
`Reed, Tosh, Wolford & Douglass
`999 Third Street
`Beaver, PA 15009
`(724) 774-9220
`
`ENTERGY CORPORATION, individually
`and as successor-in-interest to ENTERGY
`NUCLEAR VERMONT YANKEE, LLC
`
`EXELON CORPORATION,
`
`EXELON GENERATION COMPANY, LLC
`a subsidiary of EXELON CORPORATION,
`FIRSTENERGY CORP.,
`
`FLOWSERVE CORPORATION f/k/a THE
`DURIRON COMPANY,
`
`FMC CORPORATION,
`
`FOSTER WHEELER ENERGY
`CORPORATION,
`
`{J2703027.1}
`
`
`
`
`

`

`General Dynamics Corp.
`
`GENERAL ELECTRIC COMPANY,
`
`GOULDS PUMPS LLC,
`
`GRINNELL LLC d/b/a GRINNELL
`CORPORATION,
`
`
`
`IMO INDUSTRIES, INC.,
`
`
`
`James B. Insco
`707 Grant Street, Suite 3800
`Pittsburgh, PA 15219
`
`Bryan S. Neft, Esquire
`SPILMAN THOMAS & BATTLE,
`PLLC One Oxford Centre, Suite 3440
`Pittsburgh, PA 15219
`Aaron N. Arthur
`Morgan, Lewis & Bockius LLP
`1701 Market Street
`Philadelphia, PA 19103
`(215) 963-5498
`
`Brady S. Edwards, Esquire
`Morgan, Lewis & Bockius LLP
`1000 Louisiana Street, Suite 4000
`Houston, TX 77002
`(713) 890-5110
`Aaron N. Arthur
`Morgan, Lewis & Bockius LLP
`1701 Market Street
`Philadelphia, PA 19103
`(215) 963-5498
`
`Brady S. Edwards, Esquire
`Morgan, Lewis & Bockius LLP
`1000 Louisiana Street, Suite 4000
`Houston, TX 77002
`(713) 890-5110
`
`Eric K. Falk, Esquire
`Julie Nord Friedman, Esquire
`Rawle & Henderson, LLP
`The Henry W. Oliver Building, Suite
`1000
`535 Smithfield Street
`Pittsburgh, PA 15222
`(412) 261-5700
`
`{J2703027.1}
`
`
`
`
`

`

`ITT, LLC, f/k/a ITT CORPORATION, ITT
`INDUSTRIES INC., ITT Fluid Products
`Corp.,HOFFMAN SPECIALTY MFG.
`CORP., BELL and GOSSETT COMPANY,
`and ITT MARLOW,
`
`Aaron N. Arthur
`Morgan, Lewis & Bockius LLP
`1701 Market Street
`Philadelphia, PA 19103
`(215) 963-5498
`
`Brady S. Edwards, Esquire
`Morgan, Lewis & Bockius LLP
`1000 Louisiana Street, Suite 4000
`Houston, TX 77002
`(713) 890-5110
`600 North 2nd Street
`Harrisburg, PA 17101
`
`No Appearance docketed
`
`600 North 2nd Street
`Harrisburg, PA 17101
`No Appearance docketed
`No Appearance docketed
`
`600 North 2nd Street
`Harrisburg, PA 17101
`
`1001 State Street
`Erie, PA 16501
`
`1001 State Street
`Erie, PA 16501
`
`No Appearance docketed
`
`No Appearance docketed
`
`No Appearance docketed
`
`IU NORTH AMERICA, INC. as successor-
`by merger to THE GARP COMPANY f/k/a
`The GAGE COMPANY f/k/a PITTSBURGH
`GAGE AND SUPPLY COMPANY,
`METROPOLITAN LIFE INSURANCE
`COMPANY, a wholly-owned subsidiary
`of METLIFE, INC.,
`MIDAMERICAN ENERGY COMPANY
`
`NIANTIC SEAL INC.,
`NIANTIC SEAL RIP, INC. f/k/a NIANTIC
`SEAL INC. f/k/a NIANTIC RUBBER
`COMPANY,
`PENNSYLVANIA ELECTRIC
`COMPANY, a wholly-owned subsidiary of
`FIRSTENERGY CORP.,
`PSEG NUCLEAR LLC, a subsidiary of
`PUBLIC SERVICE ENTERPRISE GROUP
`INCORPORATED,
`PSEG POWER LLC, a subsidiary of
`PUBLIC SERVICE ENTERPRISE GROUP
`INCORPORATED,
`PUBLIC SERVICE ENTERPRISE GROUP
`INCORPORATED,
`SCHNEIDER ELECTRIC SYSTEMS USA,
`INC. f/k/a INVENSYS SYSTEMS, INC.,
`SEMINOLE ELECTRIC COOPERATIVE,
`INC.,
`
`{J2703027.1}
`
`
`
`
`

`

`SEQUOIA VENTURES, INC. f/k/a
`BECHTEL CORPORATION,
`
`Dennis R. McEwen, Esquire
`Eric Horne, Esquire
`Alison R. Viola, Esquire
`Eckert Seamans Cherin & Mellott, LLC
`600 Grant Street, 45th Floor
`Pittsburgh, PA 15219
`(412) 566-1289
`
`SPENCE ENGINEERING COMPANY, INC., No Appearance docketed
`THE GOODYEAR TIRE & RUBBER
`Julie Nord Friedman, Esquire
`COMPANY,
`John C. McMeekin, II, Esquire
`Rawle & Henderson, LLP
`The Henry W. Oliver Building, Suite
`1000
`535 Smithfield Street
`Pittsburgh, PA 15222
`(412) 261-5700
`
`Edward A. Smallwood, Esquire
`LITCHFIELD CAVO, LLP
`Two Gateway Center
`603 Stanwix Street, 10th Floor
`Pittsburgh, PA 15222
`(412)291-8243
`No Appearance docketed
`
`No Appearance docketed
`
`Eric Horne, Esquire
`Eckert Seamans Cherin & Mellott, LLC
`600 Grant Street, 45th Floor
`Pittsburgh, PA 15219
`(412) 566-1289
`
`
`No Appearance docketed
`
`
`No Appearance docketed
`No Appearance docketed
`
`THE WILLIAM POWELL COMPANY,
`
`TRI-STATE GENERATION AND
`TRANSMISSION ASSOCIATION, INC.,
`VERMONT YANKEE NUCLEAR POWER
`CORPORATION,
`VIACOMCBS INC. f/k/a CBS Corporation, a
`Delaware corporation f/k/a VIACOM, INC.,
`successor by merger to CBS
`CORPORATION, a Pennsylvania corporation
`
`f/k/a WESTINGHOUSE ELECTRIC
`CORPORATION, and
`also as successor-in-interest to BF
`STURTEVANT,
`VIKING PUMP, INC.
`VISTRA CORP. f/k/a VISTRA ENERGY
`CORP. as successor-in-interest to DYNEGY
`INC.,
`WARREN PUMPS LLC
`WEIR VALVES & CONTROLS USA INC.,
`individually and as successor-in-interest
`to Atwood & Morrill Co., Inc.,
`
`{J2703027.1}
`
`
`
`
`

`

`YUBA HEAT TRANSFER LLC,
`
`
`
`Shannan Noe Cerrone, Esquire
`Dickie, McCamey & Chilcote, P.C.
`Two PPG Place, Suite 400
`Pittsburgh, PA 15222-5402
`(412) 281-7272
`
`ECKERT SEAMANS CHERIN & MELLOTT,
`LLC
`
`By:
`/s/ Daniel J. Sinclair
`Daniel J. Sinclair
`U.S. Steel Tower
`600 Grant Street, 44th Floor
`Pittsburgh, PA 15219(412) 566-2913
`Counsel for Defendant,
`ViacomCBS, Inc.
`
`
`
`{J2703027.1}
`
`
`
`
`

`

`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing was served via electronic
`
`mail, to the following address this 19th day of October, 2020:
`
`Craig E. Coleman, Esquire
`Caroselli, Beachler, & Coleman
`20 Stanwix Street, Suite 700
`Pittsburgh, PA 15222
`
`Benjamin D. Braly, Esquire
`Jessica M. Dean, Esquire
`Dean Omar Branham Shirley, LLP
`302 N. Market Street, Suite 300
`Dallas, TX 75202
`
`
`
`
`All other counsel of record have been notified of this service and that a copy of the
`
`foregoing is available upon request.
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ Daniel J. Sinclair
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`