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GOAD v. CELOTEX CORP.

No. 86-3540.

831 F.2d 508 (1987)

Wiley GOAD, Plaintiff/Appellee, and Nomia Goad, Plaintiff, v. CELOTEX CORPORATION; Eagle-Picher Industries, Inc.; Owens-Corning Fiberglass Corporation; Keene Corporation; H.K. Porter Company, Inc.; Fibreboard Corporation, Defendant/Appellant, and Johns Manville Sales Corporation; Armstrong Cork Company; GAF Corporation; Unarco Industries, Inc.; Pittsburgh Corning Corporation; Owens-Illinois, Inc.; Forty-Eight Insulations, Inc.; Mundet Cork Corporation; Crown Cork & Seal Company, Inc.; Raybestos-Manhattan, Inc., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1987.

Attorney(s) appearing for the Case

Archibald Wallace, III (Nathan H. Smith, Allan M. Heyward, Jr., Sands, Anderson, Marks & Miller, Richmond, Va., on brief) for appellants.

Charles Alan Wright, Austin, Tex. (Robert R. Hatten, Patten, Wornom & Watkins, Newport News, Va., Richard S. Glasser, Glasser & Glasser, Norfolk, Va., Joel I. Klein, Richard G. Taranto, Onek, Klein & Farr, Washington, D.C., Gary Wheeler Kendall, Michie, Hamlett, Donato & Lowry, Charlottesville, Va., on brief) for appellee.

Before WIDENER and HALL, Circuit Judges, and SENTELLE, United States District Judge for the Western District of North Carolina, sitting by designation.

WIDENER, Circuit Judge:

The defendants in this case, manufacturers of asbestos products, brought this interlocutory appeal from the decision of the district court granting the plaintiffs' motion to apply the Texas statute of limitations to this action. We affirm the order of the district court.

The plaintiffs, Wiley and Nomia Goad, instituted this diversity action in federal district court for the Eastern District of Texas, seeking recovery for injuries sustained...

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