AMERICAN TELEPHONE & TELEGRAPH CO. ET AL.
v.
PHONETELE, INC.

U.S. | 1983-01-17
No. 81-2359
459 U.S. 1145 Supreme Court of the United States (1983) Positive Treatment
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  • …Election Comm’n v. Hall-Tyner Election Campaign Comm., 524 F.Supp. 955, 959 n. 7 (S.D.N.Y.1981) (“any facts subject to judicial notice may be properly considered in a motion for summary judgment”), aff'd, 678 F. 2d 416 (2d Cir. 1982), cert. denied, 459 U.S. 1145, 103 S.Ct. 785, 74 L.Ed.2d 992 (1983). Indeed, we recently recognized in a BNY asbestos case that the military contractor’s defense can [*840] protect a manufacturer from design defect liability while leaving it exposed to liability for failure to w…

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