Hermes, Netburn, O'Connor & Spearing,P.C.

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Reported Decisions

Holdren v. Buffalo Pumps, Inc., 614 F. Supp. 2d 129 (D. Mass. 2009)

Holdren v. Buffalo Pumps, Inc., 614 F. Supp. 2d 129 (D. Mass. 2009)

Asbestos personal injury litigation in which Plaintiff sought damages for alleged breaches of warranty. Defendants removed the state court action to the United States District Court for the District of Massachusetts pursuant to 28 U.S.C. § 1442(a)(1), which permits removal of civil actions against persons acting under a federal officer. The removing defendants argued that they were immune from liability because they were acting as federal contractors following United States Navy specifications. On remand, the case was tried to a defense verdict.