Belue et al v. A.O. Smith Electrical Products Company et al

MOTION for Joinder in Moving Defendants' 233 Motion for Partial Summary Judgment and 234 Brief in Support of Motion for Partial Summary Judgment

M.D. Ala.April 17, 2008

IN THE UNITED STATE DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA In Re: Asbestos Products Liability Litigation (No. VI); MDL 875 Regarding: IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF ALABAMA ROBERT D. BELUE, et al., * * Plaintiffs, * * vs. * Civil Action No. 2:06CV1034 * A. O. SMITH ELECTRICAL PRODUCTS * COMPANY, a division of A. O. SMITH * CORPORATION, et al., * * Defendants. * DEFENDANT RAPID AMERICAN CORPORATION’S JOINDER IN MOVING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AND BRIEF IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT Defendant, Rapid American Corporation, by and through its attorneys of record, hereby joins in and adopts by reference as if set forth fully herein, the Motion for Partial Summary Judgment (Doc. 233) and the Brief Supporting the Motion for Partial Summary Judgment (Doc. 234) filed on behalf of Moving Defendants, Borg Warner Morse TEC, Inc.; Exteco, Inc., f/k/a Thermo Electric Co., Inc.; and The Marley-Wylain Company, d/b/a Weil-McLain Company, Inc. In the filing this Motion for Partial Summary Judgment, Rapid American Corporation does not in any way waive any grounds set forth in its previously Case 2:06-cv-01034-WKW-WC Document 242 Filed 04/17/2008 Page 1 of 2 filed Motion to Dismiss, nor does it waive any additional grounds for summary judgment as to any plaintiffs against whom summary judgment is sought in this motion, nor does it waive any grounds against any plaintiffs against whom summary judgment is not specifically sought in this motion. Respectfully submitted this 17th day of April, 2008. /s/ E. L. McCafferty, III E. L. McCAFFERTY, III (ASB-6710-C64E) Attorney for Rapid American Corporation OF COUNSEL: VICKERS, RIIS, MURRAY AND CURRAN, LLC Post Office Drawer 2568 Mobile, Alabama 36652-2568 Telephone: (251) 432-9772 Facsimile: (251) 432-9781 Email: elm@vickersriis.com CERTIFICATE OF SERVICE I hereby certify that I have on this 17th day of April, 2008, served a copy of the foregoing by electronic means via the CM/ECF to those registered with the CM/ECF. /s/ E. L. McCafferty, III Case 2:06-cv-01034-WKW-WC Document 242 Filed 04/17/2008 Page 2 of 2