GARDNER v. ASBESTOS CORP., LTD.

Civ. A. No. C-C-83-0723-P.

634 F.Supp. 609 (1986)

John B. GARDNER and Atha L. Gardner, Plaintiffs, v. ASBESTOS CORPORATION, LTD.; Bell Asbestos Mines, Ltd.; and Cassiar Mining Corporation, Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

March 4, 1986.


Attorney(s) appearing for the Case

Leonard T. Jernigan, Jr., Raleigh, N.C., and Michael Brickman, Blatt and Fales, Barnwell, S.C., for plaintiffs.

J.A. Gardner, III, Hedrick, Feerick, Eatman, Gardner & Kincheloe, Charlotte, N.C., and David G. Traylor, Jr. and William S. Davies, Jr., Nelson, Mullins, Grier and Scarborough, Columbia, S.C., for defendants Asbestos Corp., Ltd. and Bell Asbestos Mines, Ltd.

James F. Blue, III, Asheville, N.C., and David Bears, Shea and Gardner, Washington, D.C., for defendant Cassiar Mining Corp.


MEMORANDUM OF DECISION

SENTELLE, District Judge.

THIS ACTION and several other asbestos disease1 cases currently pending in this district are before the Court under diversity jurisdiction pursuant to Title 28, U.S.Code, Section 1332. It is undisputed that the law of North Carolina applies to this action as to the other pending cases. All or most of the cases raise the question of the applicability of North Carolina General Statutes...

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