Obtained a dismissal on the pleadings in favor of manufacturer in a toxic tort matter. The manufacturer was one of many defendants named in a lawsuit based on allegations that it sold benzene containing products to the military that was used by the plaintiff during his enlistment with the Marines. Allegedly, as a result of his exposure to these products, the plaintiff contracted a blood cancer and ultimately died. The Court was persuaded by the defense argument that the plaintiff could not have been exposed by this manufacturer’s product because it was not sold to the military during the time period of the plaintiff’s enlistment. |