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KIRK v. RAYMARK INDUSTRIES, INC.

Nos. 94-1745, 94-1746.

61 F.3d 147 (1995)

Sarah A. KIRK, Administratrix of the Estates of Kirk, Alfred T., Deceased and Kirk, Sarah A. in her own right v. RAYMARK INDUSTRIES, INC.; Eagle-Picher Industries, Inc.; Keene Corporation; Garlock Inc; Owens-Corning Fiberglas Corporation; Celotex Corp.; GAF Corporation; Owens-Illinois Glass Company, Owens-Corning Fiberglas Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed April 14, 1995.

Rehearing Granted May 22, 1995.

Resubmitted on Supplemental Briefing June 12, 1995.

Decided July 27, 1995.

Attorney(s) appearing for the Case

Joseph M. Greitzer, Jerry Kristal (argued), Greitzer & Locks, Philadelphia, PA, for appellees Sarah A. Kirk, Administratrix of Estates of Kirk, Alfred T., deceased and Kirk, Sarah A. in her own right.

Robert N. Spinelli, W. Matthew Reber (argued), Kelley, Jasons, McGuire & Spinelli, Philadelphia, PA, for appellant Owens-Corning Fiberglas Corp.

Before: STAPLETON, GREENBERG and COWEN, Circuit Judges.

Panel Rehearing Granted May 22, 1995.

OPINION OF THE COURT

COWEN, Circuit Judge.

This asbestos-related personal injury action was tried to a jury in the United States District Court for the Eastern District of Pennsylvania. The jury returned a verdict in favor of the plaintiff in excess of two million dollars. On application by counsel, the district court granted plaintiff delay damages in the amount of $520,684. In these consolidated appeals, we...

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